State v. Lui

¶86 (dissenting) — While the majority’s test “avoids the risk of unduly burdening the use of scientific evidence,” majority at 492, it does so only by ignoring and misreading controlling precedent, at the cost of Washington defendants’ Sixth Amendment right to confront the witnesses against them. U.S. Const, amend. VI. The majority’s misguided detour into long-settled questions leads it to conclude that laboratory reports are not testimonial after Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S. Ct. 2527, 174 L. Ed. 2d 314 (2009), and that a supervisor can recite the testimony of a…