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Law Practice

Nov. 11, 2008

Justices Look to California for Lab Report Rule

Members of the U.S. Supreme Court hinted Monday they may look to California law to resolve a dispute over the right of defendants to cross-examine laboratory technicians. Justice Anthony Kennedy, the court's swing-vote in recent years, repeatedly raised California's rule during the oral argument Monday as a possible solution to the problem. He noted at one point that California "gets along all right" with its rule.

By Lawrence Hurley
Daily Journal Staff Writer

WASHINGTON - Members of the U.S. Supreme Court hinted Monday they may look to California law to resolve a dispute over the right of defendants to cross-examine laboratory technicians.

The question is whether technicians that prepare forensic reports that are used in criminal prosecutions should be physically present in the courtroom to give testimony in order to meet the requirements of the Sixth Amend...

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