×
You've used up your 3 free articles for this month. Subscribe today.
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial
Loaded on Jan. 15, 2021
by Anthony Accurso
published in Criminal Legal News
February, 2021, page 36
Filed under:
junk science,
Expert Witnesses/Testimony,
Testimonial Statements.
Location:
California.
by Anthony Accurso
The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. Constitution was violated where the superviser of the lab tech who actually performed the drug testing, rather than the tech herself, testified ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Staggering Injustice, by Derek Gilna
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
- Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
- Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
- First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
- Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
- Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
- New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
- Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
- Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
- Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
- Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
- Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
- Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
- New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
- Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
- Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
- Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
- Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
- Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent, by Dale Chappell
- Data Expose Demographics of Police Dog Bites, by Jayson Hawkins
- Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
- When a Hung Jury Is Enough, by Jayson Hawkins
- Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
- Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
- New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
- Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
- Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
- How Arkansas Criminalizes Poverty, by Jayson Hawkins
- California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
- Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
- NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
- Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
- News in Brief
- Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025. Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Testimonial Statements, Self-Incrimination Clause.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, Feb. 1, 2025. Judicial Misconduct, DNA Testing/Samples, junk science, Forensic Sciences.
- Seeking Justice for Two: The DNA Scandal That Shook a Community, Jan. 15, 2025. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence/Testing.
- Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction, Dec. 15, 2024. DNA Testing/Samples, junk science, DNA Evidence/Testing.
- Scent of Death Evidence Admitted at Indiana Murder Trial, Dec. 15, 2024. junk science, Forensic Sciences, Murder/Felony Murder, Authencity/Authentication.
- Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, Dec. 1, 2024. Expert Witnesses/Testimony, False Confessions, Indigent Defendants - Fees and Expenses.
- University of Maryland Carey Law Pioneers Forensic Defense Clinic, Nov. 1, 2024. junk science, Forensic Sciences.
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, Oct. 1, 2024. DNA Testing/Samples, junk science.
- DNA Databases, Privacy Concerns, and Noble Cause Bias, Sept. 1, 2024. junk science, DNA Evidence, Bias/Discrimination.