United States v. Janet Franks, 939 F.2d 600 (8th Cir. 1991). · Go Syfert
United States v. Janet Franks, 939 F.2d 600 (8th Cir. 1991). Cases Citing This Book View Copy Cite
42 citation events (19 in the last 25 years) across 9 distinct courts.
Strongest positive: Dodson v. Ford Motor Company, 96-1331 (2006) (risuperct, 2006-08-17)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
examined Cited as authority (quoted) Dodson v. Ford Motor Company, 96-1331 (2006)
Sup. Ct. R.I. · 2006 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
rule 803(6) is satisfied if the custodian demonstrates that a document has been prepared and kept in the course of a regularly conducted business activity.'" "it is unnecessary that the identification witness have personal knowledge of the actual creation of the document.
discussed Cited as authority (rule) The Walter E. Campbell Company v. United States Fire Insurance
4th Cir. · 2018 · confidence medium
Co. v. McWane, Inc., 198 F.3d 567 , 575–76 (6th Cir. 1999) (“All that is required of the [qualified] witness is that he or she be familiar with the record- keeping procedures of the organization.”); United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
cited Cited as authority (rule) United States v. Darryl House
8th Cir. · 2016 · confidence medium
See United States v. Wigerman, 549 F.2d 1192, 1194 (8th Cir. 1977) (per curiam); United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
discussed Cited as authority (rule) State v. Fitzwater.
Haw. · 2010 · confidence medium
(Emphases added.) Under HRE Rule 803(b)(6) or its federal counterpart, Federal Rules of Evidence (FRE) Rule 803(6), 5 a qualified witness “need not have personal knowledge regarding the creation of the document offered, or personally participate in its creation, or even know who actually recorded the information.” Resolution Trust Corp. v. Eason, 17 F.3d 1126, 1132 (8th Cir.1994) (quoting United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991)).
cited Cited as authority (rule) United States v. Arthur Vesey
8th Cir. · 2003 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
cited Cited as authority (rule) United States v. Arthur Vesey
8th Cir. · 2003 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
cited Cited as authority (rule) United States v. Juan C. Munoz, Also Known as Charlie, United States of America v. Humberto Munoz Rodriguez, Also Known as Alexander Araiza, Also Known as Ramon Munoz, Also Known as Beto
8th Cir. · 2003 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
cited Cited as authority (rule) United States v. Juan C. Munoz
8th Cir. · 2003 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
cited Cited as authority (rule) Brodersen v. Sioux Valley Memorial Hospital
N.D. Iowa · 1995 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
discussed Cited as authority (rule) Hoselton v. Metz Baking Company
8th Cir. · 1995 · confidence medium
The statements recorded within Exhibit A-60 are thus not hearsay. 6 See United States v. Franks, 939 F.2d 600, 601 (8th Cir.1991) (affirming admission of signatures on Federal Express receipts, admissible business records under Rule 803(6), because they were not offered to prove by second-level hearsay that defendant received packages of cocaine, but to show that packages were received at defendant's address by someone who signed her name); Fed.R.Evid. 801(c). 24 We therefore hold that the District Court did not abuse its discretion when it admitted Williams's notes because they are business r…
discussed Cited as authority (rule) Hoselton v. Metz Baking Co.
8th Cir. · 1995 · confidence medium
The statements recorded within Exhibit A-60 are thus not hearsay. 6 See United States v. Franks, 939 F.2d 600, 601 (8th Cir.1991) (affirming admission of signatures on Federal Express receipts, admissible business records under Rule 803(6), because they were not offered to prove by second-level hearsay that defendant received packages of cocaine, but to show that packages were received at defendant’s address by someone who signed her name); Fed.R.Evid. 801(c).
discussed Cited as authority (rule) Resolution Trust Corporation v. A.P. Eason, Jr. Rex A. Smith J.F. Robinson J. Warren Murray Joe A. Upchurch Delbert A. Allen, James E. Shreve, Resolution Trust Corporation v. A.P. Eason, Jr. Rex A. Smith J.F. Robinson J. Warren Murray Joe A. Upchurch, Delbert A. Allen, James E. Shreve, Resolution Trust Corporation v. A.P. Eason, Jr. Rex A. Smith J.F. Robinson J. Warren Murray Joe A. Upchurch, Delbert A. Allen James E. Shreve
8th Cir. · 1994 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991). 31 Third, RTC's Fed.R.Evid. 403 objection that the risk of unfair prejudice to RTC substantially outweighed the probative value of the exhibits first should have been presented to the district court.
cited Cited as authority (rule) Resolution Trust Corp. v. Eason
8th Cir. · 1994 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Calvin Coohey (2×) also: Cited "see"
8th Cir. · 1993 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Frank Joseph Haas
8th Cir. · 1993 · confidence medium
United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991). 46 In the instant case, the Court assumes, without deciding, 3 that admission of the four exhibits was an abuse of discretion because there was an inadequate foundation for their admission. 4 Defendant showed that at least one other person had access to the ledger notes; that at least one other person wrote some of the ledger notes; and that at least one additional person may have had access to the ledger notes.
discussed Cited "see" United States v. Clarence F. Banks
8th Cir. · 2008 · signal: see · confidence high
Evid 803(6); See United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991) (rejecting the argument that the witness must have personal knowledge of the document’s preparation).
discussed Cited "see" United States v. Banks (2×)
8th Cir. · 2008 · signal: see · confidence high
Evid 803(6); See United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991) (rejecting the argument that the witness must have personal knowledge of the document's preparation).
cited Cited "see" United States v. Duy Duc Le
8th Cir. · 2001 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
cited Cited "see" United States v. Duy Duc Le, Also Known as Trang, and Tuan Van Ung
8th Cir. · 2001 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
discussed Cited "see" Tewani Imports, Inc. v. Norwest Bank, N.A. (2×)
S.D. Tex. · 2001 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 600-01 (8th Cir.1991) (holding that signatures and addresses on Federal Express airbills were not hearsay, because they “were offered to prove ... only that the packages were received at [defendant’s] address by someone who signed her name”).
discussed Cited "see" Dyno Construction Company v. McWane Inc.
6th Cir. · 1999 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602-03 (8th Cir.1991) (rejecting the defendant’s contention that the district court erred in admitting Federal Express records on the basis that the witness laying the foundation was unable to determine which employees prepared delivery records and airbills).
cited Cited "see" United States v. Robert Turner, United States of America v. Guinn Kelly
8th Cir. · 1999 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
cited Cited "see" United States v. Robert Turner
8th Cir. · 1999 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
discussed Cited "see" United States v. Vigneau
1st Cir. · 1999 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 601-02 (8th Cir.1991) (Federal Express receipts admissible to show that someone received package who signed specific name); United States v. Lieberman, 637 F.2d 95, 101 (2d Cir.1980) (hotel registry card admissible to show that someone checked in using specific name). 6 .
cited Cited "see" Dcs Sanitation Management, Inc. v. Occupational Safety And Health Review Commission
8th Cir. · 1996 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
cited Cited "see" DCS Sanitation Management, Inc. v. Occupational Safety & Health Review Commission
8th Cir. · 1996 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991).
examined Cited "see" United States v. Lonnie Gerald Dubose (3×)
8th Cir. · 1993 · signal: see · confidence high
See United States v. Franks, 939 F.2d 600, 602 (8th Cir. 1991).
discussed Cited "see, e.g." Jon Brawner v. Allstate Indemnity Co.
8th Cir. · 2010 · signal: see also · confidence medium
Although this court has not addressed the precise argument raised here by the Brawners, we have established that the “custodian or other qualified witness need not have personal knowledge regarding the creation of the document offered, or personally participate in its creation, or even know who actually recorded the information.” Resolution Trust Corp. v. Eason, 17 F.3d 1126, 1132 (8th Cir. 1994) (internal quotation omitted); see also United States v. Franks, 939 F.2d 600, 602-03 (8th Cir. 1991).
discussed Cited "see, e.g." Brawner v. Allstate Indemnity Co.
8th Cir. · 2010 · signal: see also · confidence medium
Although this court has not addressed the precise argument raised here by the Brawners, we have established that the “custodian or other qualified witness need not have personal knowledge regarding the creation of the document offered, or personally participate in its creation, or even know who actually recorded the information.” Resolution Trust Corp. v. Eason, 17 F.3d 1126, 1132 (8th Cir.1994) (internal quotation omitted); see also United States v. Franks, 939 F.2d 600, 602-03 (8th Cir.1991).
discussed Cited "see, e.g." United States v. Charles Emenogha, Gibson Nwafor, and Vincent Nwafor
7th Cir. · 1993 · signal: see, e.g. · confidence medium
See, e.g., United States v. Franks, 939 F.2d 600, 602 (8th Cir.1991) (Federal Express airbill showing signature of recipient, Franks, admissible not to prove that Franks received it but to prove that someone using that name received it). 18 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Janet FRANKS, Appellant
90-2569.
Court of Appeals for the Eighth Circuit.
Jul 24, 1991.
939 F.2d 600
1991 U.S. App. LEXIS 15973
1991 WL 134482
Lowell Johnson of Omaha, Neb., for appellant., Stephen Patrick O’Meara, Asst. U.S. Atty., Omaha, Neb., for appellee.
Wollman, Beam, Larson.
Cited by 33 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Superior Court of Rhode Island (1)
BEAM, Circuit Judge.

Janet Franks appeals from her conviction by jury of three counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (1988) and one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 (1988). On appeal, Franks argues, inter alia, that the district court improperly admitted Federal Express records under Fed.R.Evid. 803(6) to prove that packages of cocaine were delivered to her address. We affirm.

As part of its case against Franks, the government introduced Federal Express airbills and corresponding delivery records to prove that packages allegedly containing cocaine were delivered to her Omaha address. See Exhibits 15, 16, 17, 19, 70, 71, 72, 73. Lance McGlothin, the custodian of all Federal Express records kept in Memphis, Tennessee, explained company procedure for each delivery. McGlothin testified that once a Federal Express package is delivered, the airbill and delivery record, containing the signature of the person receiving the package, are sent from the originating office to Memphis, where they are microfilmed; the original records are destroyed and the microfilm maintained. McGlothin testified that the exhibits introduced were accurate microfilm copies of the records sent to Memphis. He also testified that the records were completed at the time of delivery by Federal Express employees. The district court admitted eight of the offered exhibits, but excluded two airbills for which the government could not provide corresponding delivery records. See Exhibits 14, 18.

Franks first seems to argue that because McGlothin did not identify who completed the forms, the records contain double hearsay and were not properly admitted under the business records exception. That is, because an “outsider to the chain producing [the] business record” provided information contained therein, “rule 803(6) by itself does not permit admission of the information provided by the outsider.” Grogg v. Missouri Pac. R.R., 841 F.2d 210, 214 (8th Cir.1988). We disagree that the Federal Express records present the sort of double-hearsay problem contemplated in Grogg. There, the record at issue (incidentally, not held by the court to be excludable hearsay) was a Missouri Pacific document, prepared by an employee, containing a statement that an air hose was broken on the date of an accident. We held that the information about the air hose could constitute double hearsay and would[*602] not fall within Rule 803(6) if provided to the Missouri Pacific employee by a third party. By comparison, the only similar statements in the records at issue here would be any information provided by either the sender or the recipient. The exhibits were not offered to prove receipt by Franks, however, but only that the packages were received at her address by someone who signed her name. [1] Thus, the signatures contained in the records — the only statement made by a third party — were not hearsay. Grogg does not apply.

Alternatively, Franks could merely be arguing that the records were improperly admitted because they lacked adequate foundation under Rule 803(6). Specifically, Franks contends that McGlothin did not establish that the documents were prepared by Federal Express employees. [2] We review the district court’s ruling for abuse of discretion. “[T]he determination of the adequacy of the foundation for the admission of evidence is left to the discretion of the trial court and will be overturned on appeal only if there has been a clear abuse of discretion.” United States v. Henneberry, 719 F.2d 941, 948 (8th Cir.1983), cert. denied, 465 U.S. 1107, 104 S.Ct. 1612, 80 L.Ed.2d 141 (1984).

Franks is simply incorrect that Rule 803(6) requires that the witness testifying to the documents have personal knowledge of their preparation. [3] “Foundation under the business record exception to the hearsay rule may be supplied by a custodian of records or ‘other qualified’ witness who has no personal knowledge regarding the creation of the document.” United States v. Kail, 804 F.2d 441, 448 (8th Cir.1986). Thus, in United States v. Pfeiffer, 539 F.2d 668, 670-71 (8th Cir.1976), we rejected as without merit the argument that delivery invoices were improperly admitted “because there was no foundation laid by persons having knowledge of the preparation of the receipts.” Rather, Rule 803(6) is satisfied if the custodian “demonstrates that a document has been prepared and kept in the course of a regularly conducted business activity.” Id. at 671. The delivery invoices in Pfeiffer were properly admitted even though the testifying witness had no personal knowledge of their preparation. Accord United States v. Page, 544 F.2d 982, 986-87 (8th Cir.1976) (auto lease properly admitted under 803(6); “it is unnecessary that the identification witness have personal knowledge of the actual creation of the document”); United States v. Keplinger, 776 F.2d 678, 693 (7th Cir.1985) (Rule 803(6) does not require that “qualified witness” personally participate in creation of documents or “even know who actually recorded the information”), cert. denied, 476 U.S. 1183, 106 S.Ct. 2919, 91 L.Ed.2d 548 (1986). A contrary rule, requiring the testimony of the person who prepared the records, would eviscerate the business records exception. Id. at 694.

Thus, it does not matter that McGlothin was unable to say which Federal Express employees prepared the delivery records and airbills. Rather, McGlothin, a custodian or other qualified witness within the meaning of Rule 803(6), testified to the requirements of the rule: that the records were made at the time of delivery; that they were kept in the course of a regularly conducted activity; and that it was the[*603] regular practice of Federal Express to make the records. See Rule 803(6). We think that this foundation provides sufficient guarantees that the documents were in fact prepared by Federal Express employees. The district court did not abuse its discretion in admitting the records.

Nor did their admission, as Franks argues, violate her confrontation rights even though they satisfied the requirements of Rule 803(6). “Firmly rooted exceptions to the hearsay rule do not violate the confrontation clause.” United States v. Baker, 855 F.2d 1353, 1360 (8th Cir.1988) (citing Bourjaily v. United States, 483 U.S. 171, 182-83, 107 S.Ct. 2775, 2782-83, 97 L.Ed.2d 144 (1987); Ohio v. Roberts, 448 U.S. 56, 66, 100 S.Ct. 2531, 2539, 65 L.Ed.2d 597 (1980)), cert. denied, 490 U.S. 1069, 109 S.Ct. 2072, 104 L.Ed.2d 636 (1989). We held in Baker that documents properly admitted under the business records exception — a firmly rooted exception — do not violate the confrontation clause.

We have carefully considered Franks’s other arguments on appeal and find them to be without merit. The judgment of the district court is affirmed.

1

. It does not appear from the record that the jury was told that the signature "Janet Franks” appeared on the delivery records. While counsel for the government asked that question, it was not answered. See Trial Transcript at 174-75. On cross-examination, McGlothin agreed that "there is no real way to tell the identity of the person that signs for the package.” Id. at 176.

2

. See Reply Brief for Appellant at 4 (“The evidence elicited regarded how the physical records are stored, not who wrote the names and addresses contained on the mailing labels and delivery records.”). By contrast, counsel objected at trial that “[tjhere is no foundation at this stage that the documents are authentic or in fact signed or received by Janet Franks.” Trial Transcript at 161. We have implicitly addressed counsel's trial objection on foundation in the double-hearsay discussion above.

3

.Rule 803(6) provides for admission of a record “made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the ... record ..., all as shown by the testimony of the custodian or other qualified witness.”