Grim v. Fisher, No. 15-60720 (5th Cir. 2016)
Annotate this CaseRespondents appealed the district court's grant of habeas relief based on the Sixth Amendment Confrontation Clause. At issue on appeal is whether the Supreme Court's decision in Bullcoming v. New Mexico clearly establishes as federal law that, when the prosecution introduces a forensic laboratory report in evidence, the criminal defendant has a right to confront the analyst who performed the underlying analyses. Because Bullcoming does not clearly establish that, when the prosecution introduces a forensic laboratory report containing a testimonial certification - made for the purpose of proving a particular fact - the prosecution cannot do so through the in-court testimony of a technical reviewer who signed the report and was more involved in the testing and report preparation than was the witness in Bullcoming, the court reversed and rendered judgment denying the petition for a writ of habeas corpus.
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