Melendez-Diaz v. Massachusetts

Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection.

Contents

• 1 Background

• 2 Oral arguments

• 3 Opinion of the Court

  • 3.1 Affidavits

  • 3.2 Chemical test affidavits

  • 3.3 Scientific analysts

  • 3.4 Scientific evidence

  • 3.5 Forensic affidavits

  • 3.6 Confrontation Clause

• 4 See also

• 5 References

• 6 External links

Background

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=1 "Edit section: Background")

In 2001, Boston police received information from an informant regarding suspicious activity at a Kmart store. The informant stated that an employee repeatedly received phone calls at work, after which he would leave the store, get into a blue sedan, and return a few minutes later. Police set up surveillance and witnessed this activity occur. Police detained and searched the employee finding four clear plastic bags containing a white powder substance, alleged to be cocaine . Police detained and searched the passengers of the blue sedan including Luis Melendez-Diaz, then transported them to police headquarters in a police car. During the trip, police observed the arrestees fidgeting and making furtive movements. Upon arrival at the station, police searched the interior of the police car and found 19 smaller plastic bags containing a white powder, again alleged to be cocaine. In accordance with Massachusetts law, police submitted all alleged contraband for chemical testing . Melendez-Diaz was charged with distribution and drug trafficking of cocaine in an amount between 14 and 28 grams under the Massachusetts Controlled Substances Act, a felony punishable by not less than three years imprisonment.

At trial, the prosecution placed into evidence the bags seized from the police car. It also submitted three "certificates of analysis" or affidavits showing the results of the forensic analysis performed on samples of the seized white powder. The affidavits reported the weight of the seized bags and claimed the substance found was cocaine. The affidavits were sworn before a notary public in accordance with Massachusetts law. Melendez-Diaz objected to their admission asserting that the Supreme Court decision in _Crawford v. Washington _ required the forensic analyst to testify in person. The trial court overruled the objection and admitted the affidavits as _prima facie _ evidence of the positive presence of narcotics.

A jury trial found Melendez-Diaz guilty. He appealed, contending _inter alia _ that the admission of the affidavits violated his Sixth Amendment right to be confronted by those witnesses who would testify against him. The Massachusetts Appeals Court rejected the claim under Massachusetts precedent which held that admission of these affidavits did not violate the Confrontation clause. The Supreme Judicial Court of Massachusetts denied review.

Melendez-Diaz then appealed to the U.S. Supreme Court, which granted certiorari .

Oral arguments

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=2 "Edit section: Oral arguments")

The case was argued by Jeffrey L. Fisher on behalf of Melendez-Diaz and Martha Coakley on behalf of Massachusetts. Both attorneys focused their attention on Justice Kennedy, the 'swing-vote' on the Court, in their arguments.

Opinion of the Court

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=3 "Edit section: Opinion of the Court")

Justice Scalia delivered the opinion of the Court in which Justices Stevens, Souter, Thomas, and Ginsburg joined. Justice Thomas filed a concurring opinion. Justice Kennedy filed a dissenting opinion, in which Chief Justice Roberts, Justice Breyer and Justice Alito joined.

The Court emphasized that its ruling was a continuation but little more than an application of its holding in _Crawford v. Washington _ (2004).

Affidavits

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=4 "Edit section: Affidavits")

The Court held that the certificates constituted testimonial evidence i.e. they were prepared for the purpose of a later criminal trial. Citing Crawford v. Washington, a witness's testimony is inadmissible unless he or she appears at trial, or if unavailable, the court afforded the defendant the opportunity to cross examine the witness. The court reiterated the non-exclusive class of statements which are testimonial in nature:

Various formulations of this core class of testimonial statements exist: _ex parte _ in-court testimony or its functional equivalent that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially. 541 U. S. 36, 51–52 (emphasis added)

The Court found that the forensic analyst who tested the contraband substance and reported that it was cocaine was a witness for purposes of the Confrontation Clause. Because the trial court did not give Melendez-Diaz the opportunity to cross-examine the analyst, his right of Confrontation was violated.

Chemical test affidavits

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=5 "Edit section: Chemical test affidavits")

The Court rejected Massachusetts' argument that the analyst's reports were not accusatory. The respondent had argued that the reports were not accusatory because they did not implicate the defendant in a crime alone, but only when taken together with other evidence which linked the defendant to the contraband. The Court rejected this argument noting that the reports proved an essential element of the crime. The Court cited United States v. Kirby (1899). In Kirby, the Defendant was charged with receiving stolen property . The evidence at issue proved only that the property was stolen, but not the other essential element of the crime, that Kirby had received it. The Court noted that the Kirby decision was part of a long established rule that evidence that proves only one essential element of a crime is nevertheless accusatory for purposes of the Confrontation Clause.

Scientific analysts

(https://en.wikipedia.org/w/index.php?title=Melendez-Diaz_v._Massachusetts&action=edit&section=6 "Edit section: Scientific analysts")

The Court noted that the Confrontation Clause creates two kinds of witnesses: those whom the prosecution is obligated to call, and those whom the defense has the discretion to call. The Court rejected the argument that the analyst was not a conventional witness because he or she recorded the immediate results of a chemical test rather than recalled a historical event. Even though evidence may be so contemporaneous that it meets the present sense impression exception to the hearsay rule, it may nevertheless be a violation of the Confrontation Clause. The Court referred to the companion case to _Davis v. Washington _, where it ruled that statements to pol

…