CORE CRIMINAL LAW SUBJECTS: Evidence:
Public Records
2005
United
States v. Taylor, 61 M.J. 157 (MRE 1005 provides that the contents
of an
official record may be proven by a copy if the copy is (1) certified as
correct
or attested to in accordance with MRE 902 (self-authentication), or (2)
testified to be correct by a witness who has compared it with the
original; the
rule indicates a clear preference for these two methods, but also
allows other
evidence of the contents of a record to be given if the Government
exercises
reasonable diligence but is unable to obtain a copy that complies with
the
above requirements).
(a copy of a declaration of desertion message did not qualify as an
admissible
copy under MRE 1005 where it was not certified or attested to, and the
Government’s foundation witness, did not testify that she compared it
with the
original document).