- US v. Oates (2d Cir 1977)
- govt called another chemist from the same office as Weinberg, who couldn’t make it; she testified that the substance was her*in, using W’s lab report and notes; Δ objects that she can’t be vehicle for W’s notes b/c he is here to cross-examine W
- holding: report and notes don’t satisfy 803(8) exception
- 803(8)(B) excludes matters observed by other law enforcement personnel
- 803(8)(C) allows such evidence in proceedings against the Government in criminal cases, but not against the accused.
- embraces the view that Cong intended to prevent use of the rule to allow the govt to present trial by affidavit
- rationale – when we move from private businesses to public officers, and if we imagine a criminal prosecution, we hold out specter of serious confrontation clause problems.
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Thursday, September 6, 2012
US v. Oates case brief
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