Tuesday, December 29, 2009

Is Supreme Court’s Lab Testimony Ruling at Risk? - News - ABA Journal

Ah-ha! The Confrontation Clause is tested in 2010.

Is Supreme Court’s Lab Testimony Ruling at Risk? - News - ABA Journal: "On Jan. 11, the U.S. Supreme Court will consider when and how lab analysts must testify to satisfy a June ruling that holds crime lab evidence can’t be used at trial unless the analysts are subject to cross-examination. The issue in Briscoe v. Virginia is whether Virginia’s procedure meets the requirements of the June decision in Melendez-Diaz v. Massachusetts, the New York Times reports. The state allows prosecutors to present paper reports to support their case, but requires the analysts to testify for cross-examination if the defense requests it. Defense lawyers say the analysts should be required to testify for the prosecution."

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