State v. Fitzwater. — freecase.ai

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Parentheticals

holding that third-party records “are admissible as business records of the incorporating entity provided that it relies on the records, there are other indicia of reliability, and the requirements of [the Hawaii business records exception] are otherwise satisfied” (emphasis added)
Arrowood Indemnity Co. v. Fasching
noting that "some courts have found it significant that the entity that created the documents did so in connection with a contractual obligation owed to the second entity"
Deutsche Bank Trust Company Americas v. Szymanski
noting that “[t]he record did not indicate exactly what kind of test was performed”
State v. Eid.
noting that the testifying witness’s testimony did not establish a sufficient foundation because it was clear that his knowledge was based solely on the contents of the inadmissible speed check card itself
State v. Eid.
outlining HRE Rule 803(b)(6)'s application to third-party business records that have been incorporated into the receiving company's business records
Wells Fargo Bank, N.A. v. Behrendt.
noting that because the record did not indicate what kind of test was performed to ensure the speedometer in the officer’s vehicle was reliable, the foundational requirements set forth with respect to the electronic balance in Wallace and Manewa were applicable
State v. Texeira, Jr.
applying the Melendez-Diaz analysis to “speed check cards” that documented the test results of police vehicles’ speedometers and concluding they could qualify as non-testimonial business records
State v. Cruz
remanding for entry of judgment of a non-criminal traffic infraction because the evidence did not prove that the defendant exceeded the speed limit by at least thirty miles per hour
State v. Sagapolutele-Silva.
business records exception extended to speed-check cards useful in litigation, but “not created for use in a particular dispute”
Grimes v. United States
"Although cases interpreting provisions in the Federal Rules of Evidence are . . . not binding on us, we may refer to them for persuasive authority in interpreting similar provisions of the Hawaii Rules of Evidence." (citation omitted)
Guity v. State. Application for Writ of Certiorari, filed 11/13/2023.
exhibit certifying accuracy of police officer's speedometer held nontestimonial
Ramirez v. State
calibration of speedometers for speed check results
State v. Texeira, Jr.