Does/Can a 911 tape qualify as a business record?

Case law would suggest yes. It seems that the only hurdles on appeal have been improper authentication of the tape.


Sherman v. State, 1997 Tex. App. LEXIS 4769
Montoya v. State; 43 S.W.3d 568
Brooks v. State; 833 S.W.2d 302
Maxwell v. State; 1997 Tex. App. LEXIS 4769

Thanks Markus.

By the way the misdemeanor guys got it in under present sense impression / excited utterance. But the victim did not show and they got DV'd.

But I will pass this on to the attorneys.

[This message was edited by Gordon LeMaire on 06-16-04 at .]

Has anyone tried getting the 911 tape in by business record affidavit? If so, did you/would you/could you cover the audio predicate in the affidavit? Just trying to come up with an efficient way to handle this. Still planning on calling the complainant because it's just good testimony, but would like to relieve the 911 custodian from having to testify. Thoughts?