STATE v. HOOD

No. 2010-2260.

134 Ohio St.3d 595 (2012)

2012-Ohio-5559

THE STATE OF OHIO, Appellee, v. HOOD, Appellant.

Supreme Court of Ohio.

Decided December 3, 2012.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Kristen L. Sobieski , Assistant Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Melissa M. Prendergast , Assistant Public Defender, for appellant.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Elisabeth A. Long , Deputy Solicitor, and Samuel Peterson , Assistant Attorney General, urging affirmance for amicus curiae, state of Ohio.


PFEIFER, J.

{¶ 1} The issue we address in this case is whether, in general, cell-phone records produced by a cell-phone company constitute testimonial evidence that implicates a defendant's right to cross-examine a witness under the Confrontation Clause of the Sixth Amendment to the United States Constitution. We hold that ordinarily such records, if properly authenticated, are business records and are not testimonial. However, in an...

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