Louis Age, Jr. and Ronald Wilson v. United States
FourthAmendment FifthAmendment CriminalProcedure Privacy JusticiabilityDoctri Jurisdiction
Whether the Confrontation Clause permits the prosecution to present an affidavit in lieu of live testimony to authenticate a business record over defense objection
1. Whether the Confrontation Clause permits the prosecution in a criminal trial to present to the jury, in lieu of live testimony and over defense objection, an affidavit prepared for the purpose of trial under FRE 902(11) to authenticate a business record? 2. Did the Fifth Circuit endorse a rule of admissibility of supposed “intrinsic evidence” which is at odds with the rulings of other Circuits and with the general contemporary trend of the courts in narrowing the scope of “intrinsic evidence” and of res gestae, when it allowed the Government to prove in its case-in-chief against the Petitioners four wholly unrelated, inflammatory murderous episodes in which a codefendant was involved but these Petitioners were not, and of which it was not even shown that they were aware; and did the Fifth Circuit insulate its ruling allowing such evidence from this Court’s review by an alternative harmless error ruling which (1) explicitly employed an erroneous standard of harmless error, and (2) is manifestly unsupportable on this record? i