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Petition of the day

The petition of the day is:


Issue: (1) Whether petitioner’s Confrontation Clause rights were violated when the state failed to call an available medical expert who had not previously been cross-examined to testify in a murder trial and instead called a medical examiner as a percipient scientific witness who was not involved in the autopsy and entered the autopsy report into evidence where the main issue in the case is manner of death; (2) whether, when an autopsy report is entered into evidence and the person who drafted the report is available, but not called and was not previously cross-examined, the autopsy is testimonial and its admission into evidence therefore violates petitioner’s Confrontation Clause rights; (3) whether the trial court erred in using the standard under People v. Marsden to decide whether petitioner could replace his public defender with privately retained counsel.

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Sep. 9, 2014, 10:10 PM),