Legal Opinion · Dissent

Melendez-Diaz v. Massachusetts

Supreme Court of the United States

Decided June 25, 2009No. 07-591Published

CERTIORARI TO THE APPEALS COURT OF MASSACHUSETTS

1Dissent

Justice Kennedy,

with whom The Chief Justice, Justice Breyer, and Justice Alito join, dissenting.

The Court sweeps away an accepted rule governing the admission of scientific evidence. Until today, scientific analysis could be introduced into evidence without testimony from the “analyst” who produced it. This rule has been established for at least 90 years. It extends across at least 35 States and six Federal Courts of Appeals. Yet the Court undoes it based on two recent opinions that say nothing about forensic analysts: Crawford v. Washington, 541 U. S. 36 (2004), and Davis v. Washington, 547…

2Cases cited107 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. United States v. CronicSupreme Court of the United States · 1984
  4. Ohio v. RobertsSupreme Court of the United States · 1980
  5. Davis v. WashingtonSupreme Court of the United States · 2006

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