Tuesday, July 02, 2013

US v. Morales, No. 12-10069

US v. Morales, No. 12-10069 (7-2-13)(Ikuta with McKeown and Callahan).

It is tough to confront paperwork. Here, the defendant was convicted of alien smuggling. On appeal, he challenged the introduction of Form 26 concerning the status of aliens found in the truck on confrontation and hearsay grounds .The 9th holds that the form was not confrontational, because it was non testimonial. It was essentially a business record. However, although not confrontational, its admission under a hearsay exception for business or public records. was error. It was not a business record, as it was was government record, and it was not a public record, as it does not describe governmental activities. The statements might have come in as "statements against interest" if the witness was unavailable, but the district court had held that the gov't failed to show that they were unavailable.


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