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Home / News Stories / Business record is testimonial, but an exception to Confrontation Clause (access required)

Business record is testimonial, but an exception to Confrontation Clause (access required)

A defense attorney tried to use Melendez-Diaz v. Massachusetts to keep a business record – a FedEx tracking record – out of his client’s mail fraud trial, but U.S. District Judge T.S. Ellis III in Alexandria rejected the effort. The FedEx record was testimonial evidence against a mail fraud defendant, but it also fit into the ...