State v. Angela D. Brewer

Syllabus

Angela Brewer was convicted of homicide by child abuse after her thirteen-month-old grandson died from drinking lemonade mixed with oxycodone. Brewer contends the court of appeals erred in upholding the trial court's admission of an interrogation video when she was under the influence of medication. This case also requires us to determine the scope of the Sixth Amendment's Confrontation Clause when the State seeks to introduce the contents of a toxicology report from an out-of-state laboratory through a pathologist who did not perform the actual testing. The trial court concluded the toxicology report was not testimonial in nature, thereby removing it from the confines of the Sixth Amendment, and the court of appeals affirmed. While we find no error in admitting the interrogation video, we reverse Brewer's conviction and sentence based on a violation of the Confrontation Clause.