The Champion

December 2009 , Page 54 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

DWI

By Eric H. Sills, Erin H. Gerstenzang

Read more DWI columns.

Impact of Recent U.S. Supreme Court Decisions on DUI Defense Law

In its most recent term, the U.S. Supreme Court issued important decisions affecting the constitutional rights of defendants in criminal cases. Although none of the decisions involved a DUI case, several are relevant to DUI defense law. This article addresses three recent Supreme Court decisions — Melendez-Diaz v. Massachusetts,1 Herring v. United States,2 and Arizona v. Gant3 — that will have the greatest impact on DUI defense law.4 

Melendez-Diaz

In Melendez-Diaz v. Massachusetts, the defendant was charged with distributing and trafficking cocaine.5 At trial, the prosecution introduced several bags that purportedly contained cocaine into evidence.6 

It also submitted three “certificates of analysis” showing the results of the forensic analysis performed on the seized substances. The certificates reported the weight of the seized bags and stated that the bags “[h]a[ve] been examined with the following results: The substance

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad