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Of Crawford, drugs, guns, and certificates of no record.

By Marks & Katz, LLC

On March 12, 2009, the Washington, D.C., Court of Appeals reversed a drug felony conviction, after reaffirming that drug chemist reports are testimonial hearsay under Crawford v. Washington, 541 U.S. 36 (2004). Millard v; U.S., _ A.2d __ (D.C., March 12, 2009). The appellate court also reversed Millard's conviction for possessing a handgun, having found a real risk that the jury may have found guilt for the handgun based on the potential relationship between the gun and inadmissible -- yet admitted -- drugs.  In any event, the appellate court joined the growing line of courts that find certificates of no record ("CNR") -- offered into evidence here to show the handgun was not registered  -- to be non-testmonial even when the custodian of the records does not testify...continue to full post

Full post as published by Underdog on March 13, 2009 (boomark / email).