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Moving to a head on lab reports

By Richard D. Friedman

Petitioner has filed his reply brief in support of the petition in Melendez-Diaz, the Massachusetts case on lab reports. You can see it by clicking here. The Court has not yet acted in the other pending cases on lab reports, so it appears likely that it is waiting to consider those cases along with this one.

Meanwhile, the conflict continues ot thicken. The New York Court of Appeals weighed in yesterday with a decision, People v. Rawlins, 2008 WL 423397, holding in one case that fingerprint reports were clearly testimonial (correct there), but in another that DNA reports were not (wrong there). Unlike some decisions admitting DNA reports, this one tries to make careful distinctions, but I don't think they hold up; I'll try to write about this later.

Full post as published by The Confrontation Blog on February 20, 2008 (boomark / email).