ILNews

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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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