Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk
HabeasCorpus JusticiabilityDoctri
Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests
QUESTION PRESENTED Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests comparing the petitioner’s DNA profile to DNA obtained from key pieces of evidence where: (1) the laboratory work, allelic calls, and statistical calculations were carried out by a non-testifying laboratory analyst and conveyed to the testifying expert in the form of reports that were repeated almost verbatim to the jury; (2) the testifying expert did not participate in the lab testing in any way and did not review any of the raw data upon which the reports were based; (3) the determination of test results required the application of independent expertise and judgment by the analyst; and (4) the DNA testing of the evidence was performed after the testing laboratory had already determined the DNA profile of the petitioner, who was the target of the criminal investigation?