No. 23-582

Rollo A. Barker, aka Rollo Narker v. New Jersey

Lower Court: New Jersey
Docketed: 2023-11-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2024-06-13 (distributed 2 times)
Question Presented (AI Summary)

Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Police Laboratory, and further cannot remember whether or not she supervised the non-certified analyst who performed the actual testing on said contraband, violate the United States Constitution's 6th Amendment confrontation clause, and therefore also contra to the tenets of Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) and its well-settled progeny

Question Presented (OCR Extract)

QUESTION PRESENTED Does testimony from a lab analyst who did not perform the actual testing on Defendant’s seized (alleged) contraband that was analyzed by a State Police Laboratory, and further cannot remember whether or not she supervised the non-certified analyst who performed the actual testing on said contraband, violate the United States Constitution’s 6" Amendment confrontation clause, and therefore also contra to the tenets of Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) and its well-settled progeny.

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-10
2024-04-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
2024-04-09
Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk.
2024-03-06
Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
2024-03-05
Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
2024-02-08
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024.
2024-02-07
Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
2024-01-11
Response Requested. (Due February 12, 2024)
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-27
Waiver of right of respondent New Jersey to respond filed.
2023-09-26
Petition for a writ of certiorari filed. (Response due January 2, 2024)

Attorneys

New Jersey
Tiffany Marie RussoMorris County Prosecutor' s Office, Respondent
Tiffany Marie RussoMorris County Prosecutor' s Office, Respondent
Rollo Barker
Daniel Gerard Petoia MarcheseThe Marchese Law Firm, LLC, Petitioner
Daniel Gerard Petoia MarcheseThe Marchese Law Firm, LLC, Petitioner