No. 19-5895

Lavar Eady v. Massachusetts

Lower Court: Massachusetts
Docketed: 2019-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as evidence

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as evidence where (1) the substitute analyst did not participate in the lab testing in any way and only reviewed the notes and data upon which the initial conclusion was based, and (2) the test was produced to prove the truth of the matter asserted, namely the chemical composition of the substance, which is an element of the offence. i

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondent Massachusetts to respond filed.
2019-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2019)

Attorneys

Lavar Eady
Brad P. BennionLaw Office of Brad Bennion, Petitioner
Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent