holding that a Taser Report was “merely a report of raw data produced by a machine” and thus did not constitute hearsay
How later courts described this case
- holding that a Taser Report was “merely a report of raw data produced by a machine” and thus did not constitute hearsay
- collecting cases and noting that “numerous circuit courts have held that statements made by machines are not hearsay”
- district court erred in rejecting plaintiff’s declaration about the voluntariness of the waiver of his right to sue as self- serving where defendants had the burden of proof on that issue
Written by the judges who cited it.
The opinion
KETHLEDGE,. Circuit Judge,
concurring in part and dissenting in part.
Although I agree with the majority that we should remand Derek Patterson’s claims for a new trial, I think the district court properly granted summary judgment to the defendants on Brian’s claims. Brian surely knew what he was doing when he released his claims. A conscientious state trial judge supervised the procedure by which Brian released them. And by agreeing to release them, Brian avoided the possibility of a felony conviction that would have forever changed his life for the worse. Indeed Brian would have been foolish not to have taken the deal. We should hold him to it.
I respectfully dissent from the remand in Brian’s case.