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Second Circuit Review: Autopsy Report Admission Is Not Confrontation Violation
November 28, 2006 Full PDF
Litgation partners Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the November 28 New York Law Journal. The article, "Autopsy Report Admission Is Not Confrontation Violation," reports on a recent decision by the U.S. Court of Appeals for the Second Circuit holding that "autopsy reports may be admitted into evidence without violating the Confrontation Clause of the U.S. Constitution inasmuch as they are nontestimonial and qualify as both business and public records." The authors note that the Second Circuit reached this result on the basis of the U.S. Supreme Court's far-reaching 2004 decision in Crawford v. Washington. Associate Marguerite Dougherty assisted with the preparation of this article.