State v. Smith

OPINION

KENNEDY, Chief Judge.

This case requires us to determine whether the district court erred in permitting an analyst from the State’s Scientific Laboratory Division (SLD) to testify at trial via a video conference as to the conduct and results of a blood test. We hold that the district court did not establish the requisite necessity for allowing video testimony in lieu of live testimony and, as a result, Defendant’s rights under the Sixth Amendment to the United States Constitution were violated by the video conference testimony. The error was not harmless, and we reverse Defendant’s…