Moon v. State

I respectfully dissent.

The issue is whether admitting Moon’s hospital record into evidence, including particularly the results of the blood alcohol test, violated Moon’s right “to be confronted with the witnesses against him.” U.S. Const. Amendment VI. Here the business records statute was the exclusive basis for evidentiary competency. But the Confrontation Clause does not prohibit a court in a criminal case from receiving into evidence a hospital record reporting the objective results of a scientific test which was ordered for purposes of treatment and which was conducted by a technician…