United States v. Mallory

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on defendant Lloyd Mallory’s objection to the government’s motion for admission of evidence is whether a criminal defendant is constitutionally entitled to cross-examine a certifying business records custodian before the business records can be admitted. Specifically, Mr. Mallory contends that the records custodian’s Rule 902(11) certification may not be relied on in admitting the business record because the certification is testimonial evidence against the defendant as that phrase is understood by Melendez-Diaz v. Massachusetts, 557…