State of Nebraska v. Jerry Jacobson

Summary

The Supreme Court of Nebraska affirmed Jerry Jacobson's speeding conviction, holding that the State presented sufficient evidence establishing the accuracy of the radar equipment used to measure his speed. The court also held that the certificate documenting the calibration and accuracy of the radar unit and tuning forks was properly authenticated and constituted nontestimonial evidence, so its admission did not violate the Confrontation Clause.

Holdings

1. The State established by reasonable proof that the radar unit was accurate and functioning properly. Evidence that the radar unit was tested with tuning forks specifically assigned to it, together with certification that the tuning forks themselves had been tested and were accurate, satisfied the statutory foundation requirement.
2. The certificate of calibration and accuracy was properly authenticated and supported by sufficient foundation. The county court did not abuse its discretion by admitting it.
3. The certificate's statements were nontestimonial and therefore were not subject to further Confrontation Clause analysis. Admission of the certificate did not violate Jacobson's Sixth Amendment right of confrontation.

Questions Presented

1. Whether the State presented sufficient evidence under Neb. Rev. Stat. § 60-6,192(1) to establish that the radar equipment was accurate and functioning properly.
2. Whether the certificate of calibration and accuracy was adequately authenticated and supported by sufficient foundation for admission into evidence.
3. Whether admission of the certificate violated Jacobson's Sixth Amendment right of confrontation because the technician who signed it was not available for cross-examination.

Disposition

affirmed