Confrontation on court records

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.

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