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By Shari Allison

Defendants have a right to cross-examine analysts who conduct and write reports on forensic laboratory tests, the Supreme Court held. The sworn reports are "clearly testimonial." Melendez-Diaz v. Mass., No. 07-591 (U.S. 6/25/09)A school administrator violated a 13-year-old girl's fourth amendment rights when he ordered that she be strip searched on suspicion that she possessed ibuprofen, but the asst. principal received qualified immunity in the civil rights lawsuit because the law was not sufficiently clear at the time of the search. There was sufficient suspicion to justify a search of the student's outer clothing and backpack. Safford v. Unified Sch. Dist. # 1 v. Redding, No. 08-479 (U.S. 6/25/09)The 8th Circuit upheld federal convictions for bribery, wire fraud, mail fraud and conspiracy based on "honest services fraud" even though the indictment, jury instructions, nor the government didn't mention that theory or reference the statute that authorizes that basis for guilt, 18 U...continue to full post

Full post as published by Tenth Circuit Blog on July 17, 2009 (boomark / email).