Summary
Bullcoming v. New Mexico, 564 U.S. 647 (2011), is a significant 6th Amendment Confrontation Clause case decided by the United States Supreme Court. On June 23, 2011, the Supreme Court considered the issue whether a defendant's Confrontation Clause rights extend to a non-testifying laboratory analyst whose supervisor testifies as to test results that the analyst transcribed from a machine. In a five to four decision authored by Justice Ginsburg, the Court held that the second surrogate analyst could not testify about the testimonial statements in the forensic report of the certifying analyst under the Confrontation Clause.[1]
| Bullcoming v. New Mexico | |
|---|---|
 | |
| Argued March 2, 2011 Decided June 23, 2011 | |
| Full case name | Donald Bullcoming v. State of New Mexico |
| Docket no. | 09-10876 |
| Citations | 564 U.S. 647 (more) 131 S. Ct. 2705; 180 L. Ed. 2d 610; 2011 U.S. LEXIS 4790 |
| Case history | |
| Prior | Conviction affirmed, 2008 NMCA 97, 144 N.M. 546, 189 P.3d 679; affirmed, 2010 NMSC 007, 147 N.M. 487, 226 P.3d 1; cert. granted, 561 U.S. 1058 (2010). |
| Holding | |
| A second surrogate analyst's testimony about the statements in the forensic report of a separate certifying analyst violates the Confrontation Clause. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Ginsburg, joined by Scalia; Sotomayor, Kagan (all but Part IV); Thomas (all but Part IV and footnote 6) |
| Concurrence | Sotomayor (in part) |
| Dissent | Kennedy, joined by Roberts, Breyer, Alito |
| Laws applied | |
| U.S. Const. amend. VI | |
The case follows a line of decisions, including Crawford v. Washington (2004) and Davis v. Washington (2006), that altered the Court's interpretation of the Confrontation Clause guarantee and clarified its application only to "testimonial" statements.
Background edit
Donald Bullcoming of New Mexico was arrested on suspicion of driving while intoxicated. He was sentenced to two years in prison for a felony aggravated DWI/DUI. At the trial, the State used a blood alcohol test that was taken under a search warrant after Bullcoming refused to take a breathalyzer test. At his trial, the prosecution presented a lab report indicating that his blood-alcohol levels were elevated. But rather than calling the technician who had prepared and signed the report, prosecutors called a colleague who had not observed or reviewed the analysis.[2]
Issue edit
Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements.[3]
Procedural history edit
On February 12, 2010, the New Mexico Supreme Court issued its written decision, cited at 147 N.M. 487, 226 P.3d 1. On March 2, 2011, the oral argument before the United States Supreme Court took place, during which Jeffrey L. Fisher argued on behalf of the Petitioner and Gary King argued on behalf of the Respondent. The United States Supreme Court issued its written decision on June 23, 2011.
Decision of the Supreme Court edit
In a 5 to 4 decision in favor of Bullcoming, Justice Ginsburg wrote the majority opinion for the Court.[2] The US Supreme Court ruled that the Sixth Amendment gives a criminal defendant the right "to be confronted with the witnesses against him," and that "surrogate testimony" is not good enough.[4]
See also edit
References edit
- ^ Bullcoming v. New Mexico, 564 U.S. 647 (2011).
- ^ a b "Bullcoming v. New Mexico 564 US 647 (2011)". Oyez: Chicago Kent College of Law. Retrieved January 30, 2014.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on October 4, 2011. Retrieved June 26, 2011.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ Liptak, Adam (June 24, 2011). "Supreme Court Ruling Accepts No Substitutes in Crime Lab Testimony". The New York Times.
Further reading edit
- Herskowitz, Alex (2011). "Bullcoming v. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz". Duke Journal of Constitutional Law & Public Policy. 6: 194.
- Rothstein, Paul F.; Coleman, Ronald J. (2011). "Grabbing the Bullcoming by the Horns: How the Supreme Court Could Have Used Bullcoming v. New Mexico to Clarify Confrontation Clause Requirements for CSI-Type Reports". Nebraska Law Review. 90: 502. SSRN 1980318.
External links edit
- Text of Bullcoming v. New Mexico, 564 U.S. 647 (2011) is available from: Cornell CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)
- Bullcoming v. New Mexico Resource Page Containing background information and links to key materials on the case.