Attorney Nycole A. Thompson with BoltNagi PC appealed her client’s conviction for aiding and abetting the unauthorized possession of a firearm. Thompson argued that the trial court’s admission, over her objections, of a certificate of non-existence of record (“CNR”) stating that her client did not have a gun license in District of St. Croix violated her client’s Sixth Amendment right to confront the witnesses against him because the person who prepared the certificate did not testify at trial and her client did not have the previous opportunity to cross-examine the person who prepared the exhibit.
Ms. Thompson successfully made this argument before the United States Court of Appeals for the Third Circuit (“Third Circuit”) in two unrelated cases where the trial court admitted into evidence a CNR and a...