11/17/2008

Mass. AG states 'Confrontation Clause' case to Supreme Court

By David E. Frank and Kimberly Atkins
Massachusetts Lawyers Weekly

The Supreme Court last week heard arguments by Attorney General Martha Coakley, among others, in a Massachusetts case that could have a significant impact on the prosecution of drug offenses and other crimes in this state.

In Melendez-Diaz v. Massachusetts, the court will decide whether a state forensic-lab report prepared for use in a criminal case is testimonial evidence subject to the demands of the Confrontation Clause, as set forth in the landmark 2004 Crawford v. Washington decision.

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