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Admission of drug ledgers violates ‘Crawford’ 

By: Pat Murphy
Published: November 11, 2010

Tags: Confrontation Clause, conspiracy, Crawford, Crawford v. Washington, testimonial evidence

A drug defendant’s constitutional rights were violated when prosecutors introduced a co-conspirator’s notebooks at trial without proper authentication, the 5th Circuit has ruled in reversing a conviction.

Supreme Court’s lab report ruling to have big impact 

By: Kimberly Atkins
Published: June 26, 2009

Tags: Confrontation Clause, Melendez-Diaz, testimonial evidence

WASHINGTON – The Supreme Court ruling requiring criminal lab report analysts to be available at trial for cross-examination was hailed by defense attorneys who say it will help protect against wrongful convictions.

But prosecutors say that the decision in Melendez-Diaz v. Massachusetts will tax their already strapped resources, and ultimately lead to more cases against alleged drug offenders being dropped altogether.

Crime lab technicians must testify at trial, Supreme Court rules 

By: Kimberly Atkins
Published: June 25, 2009

Tags: Confrontation Clause, testimonial evidence

WASHINGTON – Lab reports used as evidence by prosecutors in criminal cases are testimonial evidence, and therefore the lab technicians must be made available to testify at trial to satisfy the Confrontation Clause, the U.S. Supreme Court has ruled.

CONFRONTATION CLAUSE 

By: Reni Gertner
Published: March 17, 2008

Tags: Confrontation Clause, testimonial evidence

Is a state forensic analyst’s laboratory report prepared for use in a criminal prosecution “testimonial” evidence, requiring the analyst to be available for cross examination in order for the report to be admissible?

U.S. Supreme Court. Melendez-Diaz v. Massachusetts, No. 07-591. Certiorari granted March 17, 2008. Ruling below: 870 N.E.2d 676 (unpublished)(Mass.Ct.App. 2007).