Legal Opinion

Desai v. State

Superior Court of Delaware

Decided November 16, 2018No. 1706004090Published

1Opinion of the CourtStreett, J.

Introduction

Bhushan Desai ("Defendant", "Appellant") contends that the Court of Common Pleas (Trial Court) abused its discretion and/or committed legal error by admitting records from the Intoxilyzer calibration logbook through Delaware State Trooper August Zickgraf (Trooper Zickgraf) under D.R.E. 803(6), 1 the business records exception *727 to the hearsay rule. Defendant claims that Trooper Zickgraf did not have a basis of knowledge to testify that the records were made "at or near the time" of the performance of the Intoxilyzer calibration tests. 2 Defendant argues that, as such, Trooper…

2Cases cited7 opinions

  1. United States v. Richard P. Console, United States of America v. Morton Markoff, D.O., United States of America v. Edward C. CurcioCourt of Appeals for the Third Circuit · 1993
  2. United States v. Oscar Ordonez, German Hernandez Garcia, AKA Jaime RiveraCourt of Appeals for the Ninth Circuit · 1984
  3. Nathaniel H. Kolmes and Harold F. Plemmons v. World Fibers Corporation, and World Elastic Corporation, Dean R. Andrews and Gregory v. AndrewsCourt of Appeals for the Federal Circuit · 1997
  4. Bruce v. StateSupreme Court of Delaware · 2001
  5. Trawick v. StateSupreme Court of Delaware · 2004

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