Marjorie Barsz and Carl Barsz v. Max

This is a case of first impression, where we are called upon to decide the applicability of the rule set forth in Crawford v. Washington, 124 S.Ct. 1354 (2004), as it relates to the States method of establishing a proper evidentiary foundation regarding the admissibility of various documents that are used to prove the results of a criminal defendants breath test. Appellant-defendant Joseph E. Napier appeals his conviction for Operating a Vehicle With a BAC of .08 Percent Or More, a class C misdemeanor, claiming that his conviction may not stand because admitting breath test results by certification documents and a BAC DataMaster Evidence Ticket (BAC ticket) violates the Confrontation Clause of the United States Constitution. Napier further claims that the admission of the breath test ticket violates the Indiana Rules of Evidence, inasmuch as that evidence is inadmissible hearsay.