Abyo v. State
In Abyo v. State, 166 P.3d 55 (Alaska App. 2007) the Court addressed whether documents used to verify the calibration of the DataMaster breath test machine were covered by Crawford v. Washington.
The Court noted that, although the Supreme Court did not explicitly define "testimonial" in Crawford v. Washington, the Court stated that business records are, by their nature, not testimonial.
Even though the calibration documents were admitted under the public records exception, not the business records exception, we followed substantial authority holding that calibration documents, whether admitted as business records or public records, are not barred by the Confrontation Clause. (Id. at 59-60 & n.13.)