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By Shari Allison

U.S. v. Yeley-Davis, 2011 WL 167249 (1/20/11) (Wyo.) (Published) - Phone company cell phone records are not testimonial and therefore not governed by Crawford's interpretation of the Confrontation Clause. The records were kept for business purposes, not for litigation. More troublingly, the 10th holds that the certification and affidavit signed by the record's custodian is also not testimonial. Even though the authentication was prepared for the purpose of prosecuting the defendant, it "is too far removed from the principal evil at which the Confrontation Clause was directed" because its purpose was to authenticate, not to prove some fact at trial [?]. A notebook and a photo of the contents of a cell phone were admissible, even though the agent who collected the notebook and cell phone did not testify...continue to full post

Full post as published by Tenth Circuit Blog on January 31, 2011 (boomark / email).