Court-Martial Trial Practice Blog
Occasionally the prosecution wants to use court records,
There is an evidentiary exception that can apply. But, what about the Confrontation Clause? Federalevidence review has a post on that.
Eighth Circuit reverses conviction for being an accessory after the fact by assisting another (Clark) in avoiding apprehension for committing a murder based on Confrontation Clause violation resulting from the introduction of a Court Minute Entry (of “Clark’s guilty plea as conclusive proof that” he had committed the offense) and without an opportunity to cross-examine the declarants about the statements, in United States v. Head, _ F.3d _ (8th Cir. March 1, 2013) (No. 12-2625).
The Head decision underscores the risk in criminal cases in relying on court records which contain testimonial statements that are offered to prove the underlying matter asserted.