Thursday, February 23, 2012
Review Granted in People v. Davis
The California Supreme Court has granted review in People v. Davis (S198061). The court of appeal had held that it was not a violation of the Confrontation Clause to admit the assault victim's hospital records, as well as the testimony of a treating physician as to the content of these records, because the records were prepared in the course of the hospital's treatment of the patient and were not "testimonial." Whether the preparers of the records were aware that their statements may be used in subsequent criminal proceedings was irrelevant, said the court. See "If He Can Read What They Wrote," posted Nov. 6, 2011.