Constitutional Law

Case with NFA list implications

Melendez-Diaz v. Massachusetts, handed down today. Defendant charged with cocaine possession. To prove it was coke, State introduced a sworn lab report to that effect. Defendant's objections that this violated his right to be confronted with the witnesses against him was rejected. Supreme Court holds for defendant. The key evidence against him is a claim that the substance he had was cocaine: government must produce testimony from the lab that "accuses" him of that, not just put in a written report.

Might have some relevance as to the often-impeached ATF certification that an NFA gun is not on their list of registrations (although there might be an issue as to whether that list is treated as business records, and thus the certificate allowable).

Full post as published by Of Arms and the Law on June 25, 2009 (boomark / email).