Defendant had right to confront lab technician

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a defendant's drug conviction, finding his Sixth Amendment right to confrontation was denied when he was unable to depose or cross-examine the lab technician who prepared a report stating cocaine was found in his car.

In Ricky L. Jackson v. State of Indiana, No. 27A02-0710-CR-902, Ricky Jackson appealed his conviction of dealing in cocaine, invoking the U.S. Supreme Court's ruling in Crawford v. Washington, 541 U.S. 36 (2004), which ruled that when testimonial statements are at issue, a defendant has the right to confrontation.

Jackson was stopped by police, who found cocaine in his car. A lab technician tested and verified what was found in Jackson's vehicle was cocaine, but the technician was on maternity leave during Jackson's trial and did not testify. Her supervisor at the Indiana State Police Laboratory testified in her place and used the certificate of analysis showing the drug was cocaine. The trial court admitted the certificate into evidence over Jackson's objection.

But Jackson's drug conviction must be reversed because the technician didn't testify at his trial nor was he able to depose her before trial, wrote Judge Edward Najam.

The appellate court relied on the Crawford decision and a ruling from the Supreme Court of Florida on this same issue to answer a question of first impression in Indiana: whether a certificate of analysis or lab report used to prove an element of a charged crime constitutes a testimonial statement under Crawford.

The Indiana Court of Appeals agreed with the Florida high court's finding that a lab report prepared for a criminal trial that isn't backed up by the preparer's testimony at trial violates the defendant's rights under Crawford and the Sixth Amendment.

In the instant case, the certificate of analysis is a testimonial statement under Crawford and isn't admissible under the business record exception to the hearsay rule under Indiana Evidence Rule 803, as the state argues, wrote Judge Najam.

The appellate court reversed Jackson's conviction but wrote in a footnote the reversal does allow the state to retry Jackson on this same charge.

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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.