Supreme Court of Delaware

Joshua McLean, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

August 31, 19841984 Del. LEXIS 366

Summary

The Court affirmed the defendant’s vehicular-homicide conviction, holding that admission of the hospital record showing his blood-alcohol concentration did not violate the Delaware or federal Confrontation Clauses even though the laboratory technician did not testify. The record was admissible under the business-records exception because the testing and recordkeeping were routine, contemporaneous, supported by testimony from other qualified witnesses, and sufficiently reliable. The Court concluded that cross-examination of the technician was unlikely to have undermined the test or recorded result.

Holding

  • Admissibility of the hospital blood-alcohol record and confrontation rights. The hospital record was properly admitted under the business-records exception, and its admission without testimony from the laboratory technician did not violate the defendant’s rights under the Delaware or federal Confrontation Clauses.

Cited authorities

  • Fed. R. Evid. 803(6)

Cited by