Sorry that the photo is not good. This little guy follows me around when I am watering and gets as close as 4 feet. Problem is that he is in constant motion, having an almost hummingbird-like movement. When I finished watering I brought out my camera and took about ten shots. This is the best I managed to get as he didn't hold still for me to focus.
Maybe a Great Crested Flycatcher? The rusty tones in the tail and primaries fits.
How large is it? Difficult to judge from the pic.
Resin
Resin, it's about the size of a tufted titmouse. The rusty coloration on the tip of it's tail is in part due to a small ray of sunlight. If it is any help, it has a very brief, simple call. Though it may spend 20+ minutes within 8 feet of me, it is hard to get a good view (let alone photo) because of its constant motion. Here is another photo, head is partly hidden.
And a third photo of similar unhelpfulness.
Hmmm . . doesn't look like a GCF in those two pics, and the size is too small. Probably one of the Empidonax flycatchers in that case.
Resin
I could be wrong but what about a Ruby-crowned Kinglet? Size and behavior sound exactly right, and the red tuft is not always visible.
http://www.allaboutbirds.org/guide/Ruby-crowned_Kinglet/id
http://davesgarden.com/guides/birdfiles/go/200/
Deb
If your photo's are all of the same bird...your first shot would rule-out a Ruby-crowned Kinglet as the tail is too long. One of the Empidonax Flycatcher's is most probable match.
