They didnt call the examiners as witnesses. The respondent ought to have the capacity to get his conviction upset dependent upon Melendez-Diaz v. Massachusetts, the decision from last June, which held, by a 5-to-4 vote, that utilizing lab reports without calling the experts maltreats the Sixth Amendment.
The revisions encounter provision ensures litigants the right to see indictment witnesses in individual and to interrogate them, unless they are genuinely inaccessible. In cases that include medicates, and numerous that dont, lab examiners work could be a discriminating some piece of the indictments case. On the off chance that the prosecutors need to utilize the reports, they ought to be obliged to call the examiners as witnesses.
It is not clear why the Supreme Court is racing to reexamine this issue. There are a few contrasts in the guidelines on witnesses between Virginia and Massachusetts. In any case it may be that with Justice Sonia Sotomayor having supplanted Justice David Souter, the nonconformists accept they have a fifth vote to disintegrate or undiscovered last Junes decision. As a previous associate area lawyer, some court examiners contend, she may be more thoughtful to the trouble on prosecutors.
As a circuit court judge, Justice Sotomayor did regularly run for the administration in criminal cases, however making forecasts of this sort is hazardous. In the event that the court changes the tenet, it might be a noteworthy setback for common freedoms, and not simply in cases including lab confirmation.