North Carolina Supreme Court Enters Temporary Stays in Two Substitute Analyst Cases

Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and here). In Brennan, the court concluded that testimony of a substitute analyst identifying a substance as cocaine base violated the defendant’s confrontation clause rights. Similarly, … Read more


Foundation for a Substitute Analyst’s Opinion after Melendez-Diaz

As summarized in Jeff’s recent blog post, in State v. Brennan, the North Carolina Court of Appeals applied Locklear and Mobley and held that the defendant’s confrontation clause rights were violated by the testimony of a substitute analyst in a drug case. My own summaries of Locklear and Mobley are available here and here. Jeff … Read more

State v. Brennan: Substitute Analysts, Again

The court of appeals released a new batch of opinions today. I may post on others eventually, but the one that jumped out at me immediately is State v. Brennan. Brennan is a Confrontation Clause case. Most readers of this blog know that Crawford v. Washington, 541 U.S. 36 (2004), breathed new life into the … Read more