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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...