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Crime Victim 68 year old Riverside County Resident who was attacked in front of 73 year old wife by a 27 year old.http://cid-5c082f7eb08932e1.users.api.live.net/Users(6631602672477221601)/Main?$format=rss20
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Home > Criminal Appeals Law & Information > California's DNA Testing Procedures Questioned by the U.S. Supreme Court - Protect Your Sixth Amendment Rights
Posted On: February 22, 2010 by Southern California Criminal Defense Attorney
California's DNA Testing Procedures Questioned by the U.S. Supreme Court - Protect Your Sixth Amendment Rights
In 2007, the California Supreme Court held that a DNA expert could testify about evidence from a test he or she did not perform. (People v. Geier (2007) 41 Cal.4th 555). This state has followed a long established practice where supervisors testify about lab tests, instead of technicians who actually tested forensic evidence.
However, the validity of the California decision has been questioned by the 2008 United States Supreme Court's ruling, which held that a defendant had a right to demand live testimony at trial from crime lab technicians who actually performed their tests. (Melendez-Diaz v. Massachusetts (2008) 129 S. Ct. 2527). In particular, the Court has ruled that a trial court violated defendant's rights under the Sixth Amendment during his trial on a charge alleging that he distributed cocaine, when it admitted certificates signed by state laboratory analysts which stated that material police seized was cocaine because the certificates fell within core class of testimonial statements covered by Confrontation Clause.
The Court's decision was the latest test of a defendant's Sixth Amendment right to be "confronted with the witnesses against him." The Confrontation clause was revived in 2004 when the justices rejected a prosecutor's use of an absent witness' tape-recorded statement to the police. Justice Scalia writing for the majority of the Court emphasized that when testimonial evidence is at issue, the Constitution gives the defendant a right to confront and to cross-examine the witness. (Crawfowd v. Washington (2004) 541 U.S. 36).
Since then, the Supreme Court has issued opinions clarifying what qu
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