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Academic
: The Confrontation BlogCert grant on the surrogate witness issue
By Richard D. Friedman
The Supreme Court granted cert today in Bullcoming v. New Mexico, No. 09-10876. This is likely to be a very significant follow-up to Melendez-Diaz, posing the issue of whether forensic lab results may be introduced through a surrogate witness. That is, given that the results must be proved through a live witness, may that witness be an analyst who has no first-hand knowledge about the matters as to which he is testifying?
Here are the following documents in Bullcoming: the cert petition, the state?s brief in opposition to the petition, and the reply brief in support of the petition.
And, while I'm at it, here is a decision of the state same court, issued the same day as Bullcoming, in a companion case, State v. Aragon, 225 P.3d 1280. In Bullcoming, the court holds that one analyst can testify to the facts reported by an absent analyst; in Aragon, the court holds that one analyst cannot pass on the absent analyst's opinions. I do not believe the distinction will hold.
Full post as published by The Confrontation Blog on September 28, 2010 (boomark / email).
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