Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Ninth Circuit makes clear what it does not hold concerning cross-examination rights

By Douglas A. Berman

The Ninth Circuit has an interesting decision today in US v. Perez, No. No. 07-10289 (9th Cir. May 16, 2008) (available here), concerning a defendant's "right to cross-examine the laboratory technician who tested a urine sample."  Realizing that the case could be seen as a blockbuster, the panel is quick to provide this explanation of what it is not holding:We caution that this is an unusual case with unusual facts and should not be taken out of context. We do not hold that a releasee always has a right to cross-examine the technician who tested a urine sample. This is not a case where other evidence was offered in support of revocation, such as illegal drugs discovered in the possession of the releasee. Nor is this a case where multiple urine samples each tested positive...continue to full post

Full post as published by Sentencing Law and Policy on May 16, 2008 (boomark / email).