Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Melendez-Diaz v. Massachusetts

Docket No. Op. Below Argument Opinion Vote Author Term
07-591 Mass. Ct. App. Nov 10, 2008
Tr.
Jun 25, 2009 5-4 Scalia OT 2008

Disclosure: Akin Gump served as co-counsel for the petitioner.

Issue: Whether a state forensic analyst’s laboratory report prepared for use in a criminal prosecution is “testimonial” evidence subject to the demands of the Confrontation Clause as set forth in Crawford v. Washington (2004).

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Antonin Scalia on June 25, 2009.

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