§ 8:91 Public Records — Forensic Laboratory Reports

Christopher B. Mueller & Laird C. Kirkpatrick, 4 Federal Evidence Sec. 8:91 (4th ed. 2013).

GWU Law School Public Law Research Paper No. 2019-42

GWU Legal Studies Research Paper No. 2019-42

24 Pages Posted: 1 Aug 2019

See all articles by Christopher B. Mueller

Christopher B. Mueller

University of Colorado Law School

Laird C. Kirkpatrick

George Washington University - Law School

Date Written: 2013

Abstract

This article discusses the admissibility of forensic reports under Federal Rule of Evidence 803(8) and under the Confrontation Clause of the Sixth Amendment of the Constitution. It analyzes whether they are "testimonial" for the purpose of the Crawford doctrine and when the analyst must be produced to be cross-examined. It also discusses who from the forensic laboratory must be called to admit a forensic report. It discusses the constitutional requirements set forth in Crawford v. Washington, Bullcoming v. New Mexico, and Williams v. Illinois.

Keywords: forensic reports, laboratory reports, public reports, confrontation, right of confrontation, Confrontation Clause, Sixth Amendment, Melendez-Diaz, Bullcoming, Williams v. Illinois, Stuart v. Alabama, requirement of producing analyst, testimonial hearsay, Scalia, Federal Rule of Evidence 803(8)

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C., § 8:91 Public Records — Forensic Laboratory Reports (2013). Christopher B. Mueller & Laird C. Kirkpatrick, 4 Federal Evidence Sec. 8:91 (4th ed. 2013). ; GWU Law School Public Law Research Paper No. 2019-42; GWU Legal Studies Research Paper No. 2019-42. Available at SSRN: https://ssrn.com/abstract=3429229 or http://dx.doi.org/10.2139/ssrn.3429229

Christopher B. Mueller

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Laird C. Kirkpatrick (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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