SCOTUS hears testimonial case

November 10, 2008
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The U.S. Supreme Court heard arguments today involving an issue that is currently before our state’s high court: whether lab reports are considered testimonial evidence.

SCOTUS heard arguments in Melendez-Diaz v. Massachusetts, about whether a state forensic analyst’s laboratory’s report prepared for use in a criminal prosecution is testimonial evidence. If it is, then the reports would be subject to the Confrontation Clause in the Sixth Amendment as determined in Crawford v. Washington in 2004.

Here in Indiana, our Court of Appeals saw two cases dealing with this same issue and the two panels produced different rulings on the subject of lab reports – one ruled they are testimonial, and one ruled they are business records.

The COA panel in Jackson v. State reversed Ricky Jackson’s drug conviction, finding he had the right to confront the lab technician who conducted the drug testing. The technician was unable to appear in court because she was on maternity leave. In Pendergrass v. State, that panel affirmed Pendergrass’ conviction of child molesting, find the DNA report to be a business record. Our Supreme Court granted transfer to Pendergrass in August.

With this issue pending before the U.S. Supreme Court, I’d be surprised if our state’s high court didn’t wait until SCOTUS made its decision to issue a ruling here. Any thoughts on whether lab reports are testimonial records? Should the lab technicians conducting the testing or writing the report have to testify in court?
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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