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Briscoe v. Virginia

Docket No.: 07-11191
Certiorari Granted: Jun 29 2009
Argued: January 11, 2010
Decided: January 25, 2010

PartyNames: Mark A. Briscoe and Sheldon A. Cypress v. Virginia
Petitioner: Mark A. Briscoe and Sheldon A. Cypress
Respondent: Virginia

Court Below: Supreme Court of Virginia

Mark A. Briscoe and Sheldon A. Cypress
v.
Virginia
Question Presented:

If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting the testimony of the analyst who prepared the certificate, does the state avoid violating the Confrontation Clause of the Sixth Amendment by providing that the accused has a right to call the analyst as his own witness?

Question:

If a state allows a prosecutor to introduce a certificate of laboratory analysis, without presenting testimony of the analyst who prepared the certificate, does that state avoid violating the Confrontation Clause of the Sixth Amendment by providing the accused the right to call the analyst as his own witness?

Holding: vacated and remanded
Vote: 9-0
Opinion By: Per Curiam
Read BRISCOE V. VIRGINIA opinion (PDF)