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With Cert Denials, Hope Fades for Clarification on Use of Substitute Analysts

Mumford & Sons has a song called Hopeless Wanderer. When it comes to substitute analysts and the confrontation clause, that song title sums me up, and maybe you as well. Anyone who practices criminal law knows that Confrontation Clause issues have been a big deal ever since the United States Supreme Court handed down its … Read more

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On the Horizon: U.S. Supreme Court to Decide Another Substitute Analyst Case

In a post here, I wrote about the U.S. Supreme Court’s decision in Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011), holding that substitute analyst testimony in an impaired driving case violated Crawford. Bullcoming was no great surprise in light of the Court’s prior decision in Melendez-Diaz. However, less than one week after the … Read more