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Cert petition by Missouri on the lab report issue

By Richard D. Friedman

One of the most significant outstanding Crawford-related issues is whether lab reports and other reports routinely prepared as part of the prosecutorial process should be deemed testimonial. If such a report is considered testimonial -- as it should be -- then it may not be admitted against the accused unless the author of the report is subjected to cross-examination. The lower courts have sharply divided on the issue, but so far the Supreme Court has not taken an opportunity to resolve it. But that may soon change, because now a state, rather than a defendant, has asked the Court to take the matter up. You can read the petition for certiorari (passed on to me by Jeff Fisher) in Missouri v. March by clicking here.

Full post as published by The Confrontation Blog on July 01, 2007 (boomark / email).