California, United States of America
The following excerpt is from People v. Kruger, G044151, Super. Ct. No. 07HF1539 (Cal. App. 2011):
After completion of briefing in our case the United States Supreme Court decided Bullcoming v. New Mexico (2011) ____ U.S. ____ [131 S.Ct. 2705, 180 L.Ed.2d 610] where it held that a testimonial out-of-court statement is not admissible unless the preparer of the statement testifies or is unavailable and the defendant has had the opportunity for questioning. (Id. at pp. _ - _, 131 S.Ct. at pp. 2716-2717.) The out-of-court statement was a report of the defendant's blood alcohol level, which was admitted under the business records hearsay exception. The witness testified merely as to the report's contents and had no personal opinion as to the blood alcohol content. In the matter before us the parties did not request supplemental briefing on Bullcoming and none is necessary since we do not decide the case based on it.
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