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Business Records and Crawford

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June 08, 2010, 10:40
Michael Stratton
Business Records and Crawford
We have a Failure to Register case and some probation entries will help. Has anyone dealt with probation entries and how they are affected by Crawford?
June 08, 2010, 16:23
suzannewest
I have a case but it deals with the fact that the 6th amendment doesn't apply in a revocation hearing--you sound like you have a new offense.
172 S.W.3d 668, Diaz v. State out of the 4th court.

I would guess that it would be hard to say non-testimonial, but maybe it would depend on the area of the notation--what it his address? That could be compared to jail records that are business records because it's normal routine questions for booking, not testimonial info related to a crime.
June 08, 2010, 17:18
Michael Stratton
Yeah, it's a new offense. It was an entry that the defendant was told that he would be required to report for the rest of his life. After posting this, we opted to have the probation officer travel a few hours and testify to try and avoid the appellate issue.