Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Wednesday the court hears oral argument in Turner v. United States. Amy Howe has our preview.
On Wednesday the court also hears oral argument in Honeycutt v. United States. Rory Little has our preview.

Bullcoming v. New Mexico

Docket No. Op. Below Argument Opinion Vote Author Term
09-10876 Supreme Court of New Mexico Mar 2, 2011
Tr.Aud.
Jun 23, 2011 5-4 Ginsburg OT 2010
 
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Disclosure: Goldstein, Howe & Russell P.C. represents the petitioner in this case.

Holding: The Confrontation Clause does not permit the prosecution to introduce a forensic lab report containing a testimonial certification through the in-court testimony of an analyst who did not sign the document or personally observe the test. If an out-of-court statement is testimonial, it may not be introduced against the accused at trial unless the witness who made the statement is unavailable and the accused has had a prior opportunity to confront that witness.

Plain English Summary:

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Ruth Bader Ginsburg on June 23, 2011. Justice Scalia joined Justice Ginsburg's opinion in full. Justices Sotomayor and Kagan joined all of the opinion except Part IV, while Justice Thomas joined all of the opinion except Part IV and footnote 6. Justice Sotomayor also filed a separate opinion concurring in part. Justice Kennedy filed a dissenting opinion, which was joined by the Chief Justice and Justices Breyer and Alito.

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