State v. Cruz

Opinion of the Court by

FUJISE, J.

In this appeal stemming from a criminal prosecution,1 we are asked to consider another permutation of Crawford:2 Whether the foundation for the admission of business records which may be laid by way of declaration under our rules of evidence must meet the live testimony and cross-examination requirements of the Confrontation Clause.3

Background

This case arises out of sexual assaults committed by DefendanL-Appellant Ubaldo A. Cruz (Cruz) against his neighbor’s daughter (CW) over three days in October, 2009. At the time of these assaults, Cruz was 49 years old…