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Belvin v. State6/8/2005
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In sum, the breath test affidavit in this case constituted testimonial evidence and its admission at petitioner's criminal DUI trial violated petitioner's right of confrontation, under Crawford, as there was no showing of unavailability and a prior opportunity for cross-examination of the technician/affiant. Because petitioner was prevented from confronting the only evidence of his blood alcohol level presented at trial, admission of the breath test affidavit was serious enough to constitute a violation of a clearly established principle of law resulting in a miscarriage of justice. Accordingly, we grant the writ of certiorari, quash the circuit court's decision below, and remand this case for further proceedings consistent with this opinion.
WARNER and HAZOURI, JJ., CONCUR.
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