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Raw Data from Computer Tests Not "Statements" Subject to Confrontation

By Jonathan Byrne

US v. Washington: Washington was pulled over on the Baltimore-Washington Parkway (over which the Government has jurisdiction) and charged with driving under the influence of alcohol and drugs and reckless driving. At trial, the Government presented expert testimony from the head of a local toxicology laboratory that a blood sample taken from Washington that night showed he had consumed PCP and alcohol. Washington objected to that testimony, arguing that the raw data reports of the drug testing upon which the doc relied were testimonial hearsay statements of the technicians who actually performed the test and Washington was entitled to confront them. The court disagreed and Washington was convicted.On appeal, the Fourth Circuit affirms, 2-1...continue to full post

Full post as published by Fourth Circuit Blog on August 23, 2007 (boomark / email).