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Ticket can't constitute 'testimonial hearsay'

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Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.  

Timothy Cranston was pulled over on suspicion of drunk driving and failed every field sobriety test. He was taken to jail and given a chemical breath test using a blood alcohol concentration Datamaster with keyboard. He blew a 0.15 and was eventually convicted of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration equivalent to 0.15 or greater.

The officer who arrested Cranston and administered the test testified during the trial, and an official certificate of compliance verifying routine inspection of the machine was introduced. The director at the Department of Toxicology who signed the certificate didn’t testify.

Cranston argued this violated his Sixth Amendment right to confrontation. He claimed the ticket prepared for use in a criminal prosecution is “testimonial” evidence subject to the Confrontation Clause.

But Crawford v. Washington, 541 U.S. 36 (2004), applies only to statements qualifying as hearsay. Because mechanically generated data aren’t hearsay statements in the first place, the prevailing view from other jurisdictions is that they can’t constitute testimonial hearsay for purposes of Crawford and the Confrontation Clause, wrote Judge Nancy Vaidik in Timothy Cranston v. State of Indiana, No. 29A02-1003-CR-374
 
“Mechanically-generated or computerized information may constitute hearsay when incorporating a certain degree of human input and/or interpretation,” she wrote. “But the B.A.C. Datamaster, for example, while requiring administrative input from the test operator and a breath sample from the test subject, calculates and prints a subject’s blood alcohol concentration through a mechanical process involving no material human intervention.”

The appellate court concurred with other jurisdictions that have held the evidence ticket produced by a chemical breath-test machine isn’t testimonial hearsay subject to Crawford and the Sixth Amendment. It also disagreed with the holding in Napier v. State, 820 N.E.2d 144, 150-151 (Ind. Ct. App. 2005), that finds the evidence ticket inadmissible on Sixth Amendment grounds, implying that tickets constitute testimonial hearsay. Neither the test operator nor any other live witnesses testified at Napier’s trial unlike Cranston’s trial where the officer who administered the test was a witness.

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  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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