Legal Commentary

Supreme Court Leaves Melendez-Diaz Intact

By Jeralyn

In June, 2009, the Supreme Court decided Melendez-Diaz, (opinion here) holding that the defense had a right to live testimony of the Government's chemist in a drug trial under the 6th Amendment's right to confront witnesses.

In an unusual action, it decided to rehear oral arguments on the issue in Briscoe v. Virgina. The arguments were held two weeks ago.

Today the Supreme Court vacated the opinion in Briscoe v. Virginia and remanded the case. (Order here.)So Melendez-Diaz remains good law. The issue in Briscoe:

If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting the testimony of the analyst who prepared the certificate, does the state avoid violating the Confrontation Clause of the Sixth Amendment by providing that the accused has a right to call the analyst as his own witness?

Full post as published by TalkLeft on January 25, 2010 (boomark / email).