The Court has asked the SG to file a response in one of the DAD Duo cases: Foerster v. United States, No. 07-359. The SG’s current due date is 29 October 2007. Here is CPT Nathan Bankson’s QP from the Foerster cert petition:
Whether the Court of Appeals for the Armed Forces properly held that an affidavit prepared and sworn to by the victim of a crime and relied upon by the government to convict petitioner did not violate petitioner’s Sixth Amendment right to confrontation because the victim’s affidavit was not testimonial and also properly admissible as a business record under Military Rule of Evidence 803(6).
If someone will send me an electronic version of the complete cert petition, I’ll post it on CAAFlog.com.