Breath test records admissible against DUI defendant 
Published: November 15, 2012
Tags: Confrontation Clause, Crawford v. Washington, drunk driving, Melendez-Diaz v. Massachusetts, Sixth Amendment
A DUI defendant’s Confrontation Clause rights were not violated by the admission of the certificate of calibration for the breath test machine used to determine the level of alcohol in his system, the Kansas Supreme Court has ruled in affirming judgment.
Prosecution expert could testify regarding lab report
Published: October 17, 2012
Tags: Confrontation Clause, Melendez-Diaz v. Massachusetts, Sixth Amendment
A defendant’s Confrontation Clause rights were not violated by the admission of a prosecution expert’s testimony regarding a lab report that was prepared by a nontestifying technician, the California Supreme Court has ruled in reinstating a conviction.
Authentication certificates admissible in fraud case
Published: September 24, 2012
Tags: Confrontation Clause, Federal Rules of Evidence, fraud, Melendez-Diaz v. Massachusetts
A criminal fraud defendant’s Confrontation Clause rights were not violated by the admission of certificates of authentication for foreign public and business records, the 9th Circuit has ruled in affirming a conviction.
Intoxilyzer records admissible without live testimony
Published: April 16, 2012
Tags: Bullcoming v. New Mexico, Confrontation Clause, drunk driving, Intoxilyzer, Melendez-Diaz v. Massachusetts
A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer calibration records without the testimony of the technician who prepared them, the Mississippi Supreme Court has ruled in affirming a conviction.
Autopsy reports inadmissible in health fraud case
Published: January 23, 2012
Tags: Bullcoming v. New Mexico, Confrontation Clause, Melendez-Diaz v. Massachusetts
The testimony of the medical examiners who authored autopsy reports was required for the documents to be admitted as evidence in the criminal trial of a doctor who allegedly over-prescribed pain killers, the 11th Circuit has ruled in reversing a conviction.
Justices: Substitute analysts cannot introduce lab tests
Published: June 23, 2011
Tags: Confrontation Clause, evidence, Melendez-Diaz v. Massachusetts, Supreme Court
The Confrontation Clause does not permit laboratory test reports to be introduced through the in-court testimony of an analyst who did not personally perform or observe the performance of the test, the U.S. Supreme Court has ruled.
CONFRONTATION CLAUSE
Published: June 23, 2011
Tags: Confrontation Clause, evidence, Melendez-Diaz v. Massachusetts, Supreme Court
The Confrontation Clause does not permit laboratory test reports to be introduced through the in-court testimony of an analyst who did not personally perform or observe the performance of the test.
See “Justices: Substitute analysts cannot introduce lab tests”
U.S. Supreme Court. Bullcoming v. New Mexico, No.
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Admission of breath test records constitutional
Published: May 27, 2011
Tags: breath test, Confrontation Clause, drunk driving, Melendez-Diaz v. Massachusetts
A drunk driving defendant’s constitutional rights were not violated by the admission of breath test certification records without the testimony of the state technician who prepared them, Massachusetts’ highest court has ruled in affirming a conviction.
Proof of prior felony violated Confrontation Clause
Published: April 20, 2011
Tags: Confrontation Clause, Melendez-Diaz v. Massachusetts
Prosecutors violated a drug defendant’s Confrontation Clause rights when they attempted to prove his prior felony conviction through letters from a state court clerk, the D.C. Circuit has ruled in vacating a firearm conviction.
High Court confronts case of substitute lab analyst
By:
Kimberly Atkins
Published: March 2, 2011
Tags: Confrontation Clause, evidence, Melendez-Diaz v. Massachusetts, Supreme Court
WASHINGTON – Nearly two years after the U.S. Supreme Court ruled that lab reports used as evidence in criminal trials are testimonial evidence, and therefore the Confrontation Clause requires that the technicians who prepared them be made available to testify, the justices are still wrangling with the parameters of that rule.
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