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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 The state's intermediate appellate court rejected those claims in an unpublished opinion, referring to them in a footnote as being "without merit," and the Massachusetts Supreme Judicial Court also denied his appeal.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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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