People v. Nunley

I. INTRODUCTION

I respectfully dissent because the certificate of mailing is nontestimonial. Accordingly, I would reverse the circuit court’s order.

The majority incorrectly holds that because proof of notice is an element of driving while license suspended (DWLS), the certificate of mailing produced by the Secretary of State is testimonial. This analysis is flawed because it does not address the context in which the certificate was created, and it reasons backwards to conclude that a statement must be testimonial if it relates to an element of the crime. In Davis v Washington, 547 US 813; 126…