Facts:  Petitioner Nathan Kirkpatrick was convicted of reckless driving and operating a motor vehicle without a valid operator’s license after a trial in which a certification from the Department of Licensing that Kirkpatrick does not have a driver’s license was admitted into evidence.  Kirkpatrick appealed his conviction, asserting that the certification was hearsay and that its admission therefore violated his right under the 6^th Amendment to the United States Constitution to be confronted with the witnesses against him.  The Washington Court of Appeals affirmed Kirkpatrick’s conviction.  Kirkpatrick appealed this decision to the Supreme Court of Washington.

Question(s):  Was the Department of Licensing’s certification evidence that was testimonial in nature and therefore inadmissible hearsay?

Conclusion:  Justice James M. Johnson’s opinion for the Court affirmed the Washington Court of Appeals, concluding that just as a public record is not testimonial in nature, a certification of the absence of a public record is not testimonial in nature.  Thus, the Court held that the state of Washington was not required to establish that the declarant is unavailable to testify or that the defendant had opportunity to cross examine the declarant and that the trial court did not err in admitting the certification into evidence.

Docket No. 77719-5 (from Court of Appeals Division I Case No. 54767-4)

Petitioner: Nathan Kirkpatrick

(Counsel: Dana M. Lind)

Respondent: State of Washington

(Counsel: Carla Barbieri Carlstrom and James Morrissey Whisman)

Argument: Tuesday, October 17, 2006 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, July 12th, 2007

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson