Smith v. Arizona watch
Courtesy of Prof. Berman's excellent blog.
I have not followed too closely the SCOTUS briefing in Smith v. Arizona, a case which concerns application of the Confrontation Clause of the Sixth Amendment when prosecutors seek to present at trial a report prepared by a different crime lab analyst than the one able to testify. But a quick review of some of the press reports of today's oral argument suggest that the drug defendant seems likely to prevail in this case and that maybe a jurisprudentially significant ruling might be afoot.
From Law.com, "Justices Seem Skeptical of ‘Substitute Expert’ Used in Arizona Criminal Trial"
From Law360, "Justices Toy With New Testimony Rule In Ariz. Expert Dispute"
From SCOTUSblog, "Court appears to favor Arizona man’s confrontation clause claim"
The full oral argument transcript can be accessed here.
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
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