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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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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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