State v. N.M.K.

¶1 Where the admissibility of testimonial evidence is at issue, the sixth amendment to the United *157States Constitution demands that the witness be unavailable at trial and that the accused had a prior opportunity to cross-examine the witness.1 While the full scope of what is included within “testimonial” evidence is not fully defined by the United States Supreme Court, that Court made clear that business records are generally not testimonial evidence.2 In this case, the trial court admitted into evidence a certified letter from the Department of Licensing (DOL) stating that no driver’s license…