Issue: Whether the Sixth Amendment permits the state’s
expert witness to present to a jury the results of
forensic tests that she neither performed nor witnessed
as substantive evidence to support her conclusion that
petitioner was the source of DNA evidence, when the
state does not call the analysts who performed the
tests as witnesses or show that they are unavailable
and previously subject to cross-examination.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.