Thomas v. United States

GLICKMAN, Associate Judge:

The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right to be confronted with the witnesses against him. The Confrontation Clause makes no exception for expert witnesses. In this appeal from a conviction for distributing cocaine, we hold that the Clause was violated when the prosecution introduced a Drug Enforcement Administration chemist’s written expert testimony against appellant without calling the chemist to appear and testify in person.

The chemist’s written statement was offered in evidence at appellant’s trial…