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Jeff Fisher's new Cert Petition

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by: Abassos • February 1, 2010 • no comments

QUESTION PRESENTED Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements.

That is the question presented in Jeff Fisher's new petition for cert to the US Supreme Court. Jeff Fisher of Blakely and Crawford fame. The Indiana Supreme Court ruled that a supervisor who didn't perform the lab test could testify instead of the person who did the actual work. Fisher, as expected, lays out a crystal clear argument as to why this is a bad ruling. Everything flows from the fact that the Constitution guarantees a defendant the right "to be confronted with the witnesses against him".

h/t Confrontation Blog