Carmouche v. State (2004)
In Carmouche v. State, No. 14-03-00768-CR, 2004 WL 2851524, (Tex. App.-Houston 14th Dist. Dec. 14, 2004, no pet.), the records from Orthopedic Associates' medical facility included business records from two other hospitals.
The sponsoring witness failed to mention the attached medical records in any way. Id.
The court observed that the affidavit included only the "basic predicate" of Rule 803(6). Id.
The court found that nothing in the affidavit met the test articulated by the Court in Bell v. State, 176 S.W.3d 90 (Tex. App.-Houston 2004, no pet.) in that it failed to show the attached records had been incorporated, were relied on by Orthopedic Associates, and the affidavit did not address trustworthiness. Id.