Wednesday, August 31, 2005

Breath test not hearsay affected by Crawford

In Luginbyhl v. Com., the Virginia Court of Appeals in an opinion by Judge Annunziata joined by Judge Haley held that a certificate of blood alcohol content from a breath test machine was not hearsay for purposes of the Confrontation Clause.

Interestingly, Judge Benton dissented, on the view that the breath test operator's attestation was hearsay testimony.

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