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SCOTUS: Lab techs must testify

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A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.

The nation's high court offered an answer to that question: Yes, those techs must testify.

In its 5-4 ruling in Melendez-Diaz v. Massachusetts, No. 07-591, the majority determined that forensic analysts must be called to offer "testimonial evidence" about any report they prepare before that can be admitted as trial evidence.

Turning to its holdings in the cases of Crawford v. Washington, 541 U. S. 36 (2004), and Davis v. Washington, 547 U.S. 813 (2006), the majority used its rational that the trial use of out-of-court statements made to police by an unavailable witness violates that criminal defendant's Sixth Amendment right to confront witnesses against him or her.

Luis Melendez-Diaz was arrested while making a cocaine sale in a parking lot, and at trial bags of cocaine he'd allegedly distributed were introduced into evidence along with drug-analysis certificates prepared by a lab technician who identified them as cocaine. A jury convicted Melendez-Diaz of distributing and trafficking cocaine, but he appealed on the Sixth Amendment grounds under the Crawford ruling. The state's intermediate appellate court rejected those claims in an unpublished opinion, referring to them in a footnote as being "without merit," and the Massachusetts Supreme Judicial Court also denied his appeal. But this SCOTUS ruling changes that.

"The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error," Justice Antonin Scalia wrote for the majority in its 61-page opinion that reverses and remands the Massachusetts appellate judgment.

Dissenting, Chief Justice John Roberts and Justices Stephen Breyer and Samuel Alito joined Justice Anthony Kennedy, who opined that the majority's ruling "sweeps away an accepted rule governing the admission of scientific evidence ... (that) extends across at least 35 states and six Federal Courts of Appeals. ...

"It is remarkable that the Court so confidently disregards a century of jurisprudence," Justice Kennedy wrote. "We learn now that we have misinterpreted the Confrontation Clause - hardly an arcane or seldom-used provision of the Constitution - for the first 218 years of its existence."

Later, he wrote, "The Court's opinion suggests this will be a body of formalistic and wooden rules, divorced from precedent, common sense, and the underlying purpose of the Clause. Its ruling has vast potential to disrupt criminal procedures that already give ample protections against the misuse of scientific evidence."

With this ruling, the Indiana Supreme Court can now move forward on its own set of cases that have likely been held up as a result of this pending SCOTUS decision. Those cases are: Richard Pendergrass v. State, No. 71S03-0808-CR-445, which justices heard arguments on in October after the Indiana Court of Appeals had decided last summer that his rights weren't violated by admitting evidence without testimony; and Ricky L. Jackson v. State, No. 27A02-0710-CR-902, which is pending transfer after the Indiana Court of Appeals decided last summer that the forensic report shouldn't be admitted without the lab technician's testimony.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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