Monday, June 29, 2009

Supreme Court Adds Confrontation Clause Case

In it's final act of the term, the Supreme Court agreed to hear a case involving the Confrontation Clause of the 6th Amendment. The case is Briscoe v. Virginia. The question in that case is whether it is proper for the state to introduce a certificate of a forensic lab technician without being required to present the actual testimony of the lab technician? Does that violate the 6th Amendment? Virginia courts found there was no constitutional violation because the defendant is allowed to call the lab technician as a witness in their case. This grant of certiorari comes on the heals of the case of Melendez-Diaz v. Massachusetts decided last week by the Supreme Court. The decision to grant certiorari to this case was the last act of the term by the Supreme Court.

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