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SCOTUS won't take Indiana lab tech case

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The nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at trial.

Justices on the Supreme Court of the United States met in private conference last week to consider the case of Richard Pendergrass v. Indiana, No. 09-866 from St. Joseph County. The issue was whether the Confrontation Clause permits the prosecution to introduce DNA profiles created by a certain chemical process as recorded by a “non-testifying” lab analyst and a computer, and having the analyst’s supervisor and a forensic DNA expert testify rather than the person who actually did the work.

The SCOTUS denied the writ of certiorari, likely because the court had decided a similar case on that issue last year and didn’t see a need to revisit it here.

This decision leaves in place the Indiana justices’ split-decision from September in Richard Pendergrass v. State of Indiana, No. 71S03-0808-CR-445.

In that decision, a majority found that the proof submitted during the Pendergrass trial was consistent with the Sixth Amendment based on the SCOTUS ruling in Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), decided just months before. In that case, no witnesses were called to testify on the certificates of analysis that said the substance found in seized bags was cocaine. The SCOTUS held those certificates were testimonial and the defendant had the right to confront those who swore to the accuracy of the tests.

The Indiana justices in Pendergrass interpreted the majority opinion in Melendez-Diaz to say that not everyone who worked on the evidence must be called and the Confrontation Clause leaves discretion with the prosecution on which evidence to present. They believed Pendergrass' right to confrontation wasn't violated because the lab technician's supervisor, who personally checked the test results, and an expert who used that data to interpret the results were put on the stand for cross-examination during his trial.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. 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."

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

  4. 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

  5. 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

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