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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

Get information and learn about California politics, California political news, and public policy regarding state wide political campaigns, legislative information, and California state propositions.

Of late, some influential people are trying to legalize Marijuana in California. If you feel that the purpose behind such an impending act is to allow people of the entire state to get a high, you are absolutely wrong. The objective behind this move is to address the budget woes of the State of California.

Nye Frank Message (11) Friends Tools Profile Settings Sign Out Research, Share, Collaborate Home My Library My Network My Groups Community 79 followings, 16 followers Change picture Common Stuff Send Message Invite to a Group Nye Frank's Profile Edit my profile Library Network Groups Profile 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?$format=rss20 I am interested in Racing with a passion,Catching Big Big Fish,my apple trees with wife Lee Frank. Books: History. I use Diigo because http://cid-5c082f7eb08932e1.users.api.live.net/Users(6631602672477221601)/Main?$format=rss20 Member since Mar 06, 2009, follows 79 people, 18 public groups, 5592 public bookmarks (6964 total). More » TagsRecent Tags: county(0), homicide(0), Crime(0), riverside(0), federal(0), state(0), law(0), sentencing(0), casation(0), california(0), causation(0), Racing(0), elder(0), Frank(0), due(0), process(0), southern(0), Nye(0) Top Tags: elder(569), law(419), Nye(339), Frank(324), riverside(295), county(257), court(257), Crime(217), rights(184), prosecutor(179) More » Recent Bookmarks and AnnotationsFederal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds for Dismissing Criminal Charges 8 minutes ago Grand Opening of New Riverside District Attorney Building Highlights the DA's Political Power :: Southern California Defense Blog 10 minutes ago Crime Victims Media Report 25 minutes ago LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE 30 minutes ago Southern California Defense Blog :: Published by Southern California Criminal Defense Law Corporation Wallin & Klarich about 1 hour ago Stalking Laws: How to Determine the Elements a District Attorney Has to Prove about 1 hour ago Caliber - Federal Sentencing Reporter - 21(5):299 - Citation about 2 hours ago C

Green economy jobs provide a new hope to rebuild and shape the economy while bettering the planet. California is gearing up to be the nation's clean technology leader and innovation center. Over the past three years, California has been the leading state in various green initiatives ranging from energy efficiency to clean technology venture capital investment.

One issue that has resurfaced during the recent economic downturn and budget crisis in California is illegal immigration. California lawmakers are struggling with a budget gap of $26.3 billion and many taxpayers have started questioning the cost to the state of illegal immigrants.

California Elections

As the California economy roared in the 1990s and tax revenues poured into a treasury overseen by Gov. Pete Wilson,

The present budget deficit faced by the State of California is around $26 billion and Governor Arnold Schwarzenegger is seeking a solution to bridge this deficit gap through three furlough days a month.

As everyone knows California is facing a budget shortfall of $26.3 billion dollars, which Governor Arnold Schwarzenegger and the state legislature is trying to close by increasing taxes, borrowing thr

As a part of the plan to fix the $42 billion budget deficit, the California Governor Arnold Schwarzenegger is urging the legislature to back his proposed cuts to the three largest areas of the state's budget - prisons, education, and health care.

President Barack Obama's job approval rating has slipped since the spring among California voters, but he gets good marks for his handling of the economy and his plans to overhaul the nation's health care system.

Health reform in the United States and in California has been a subject of major debate recently. While some have cautiously accepted the new health care reform proposals, many have rejected it outright by saying it will increase the financial burden for tax payers.

As part of the legislation recently signed by Governor Arnold Schwarzenegger and the California state legislature requiring 33% of electricity come from renewable sources by 2020, Californians can most certainly expect a growth in wind farming.

A bill is scheduled to reach Governor Arnold Schwarzenegger's desk which deals with narrowing the category of jobs for which employers could investigate the financial background of applicants in the state of California.

California is reported to have a budget deficit of about $26 billion, which is largely due to excessive spending and lack of discipline.

With the clock quickly ticking towards the 2010 California Gubernatorial Election, third party candidates are feverishly campaigning to put across the message of change they intend to bring to the sta

You must pay close attention to all state filing rules to move a court case forward in California. Otherwise, your court filings may get rejected. Here are some common court filing mistakes.