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The Supreme Court says: Affidavits made for use at trial are not traditional business records

Continuing the effort to avoid the straightforward application of the Crawford rule, government lawyers argued affidavits from analysts don't implicate the Right of Confrontation because they are like business records, which were admissible at common law.  Rejecting this argument, the Court said the affidavits wouldn't qualify as traditional business records, and even if they did, confrontation would still be required since in this situation the regularly conducted business activity is producing evidence for use at trial.

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