United States v. Blazier
Case Details
- Case No.: 09-0441/AF
- Jurisdiction: United States Court of Appeals for the Armed Forces
Key Topics in the Case
Documents
The defendant’s confrontation right precludes the use of drug testing lab “litigation packages” and surrogate expert witnesses (witnesses who testify not no first-hand knowledge of the facts, but as to the hearsay reports and opinions of others); admission of the drug test report materials at defendant’s trial pursuant to Military Rule of Evidence 803(6) violated his Sixth Amendment right to confront witnesses against him; opinions offered by the prosecution under M.R.E. 703 cannot satisfy the requirements of the Confrontation Clause when the underlying facts or data come from a nontestifying person or entity.
Author(s)
Donald G. Rehkopf Jr., Brenna, Brenna & Boyce PLCC, Rochester, NY.