Burch v. Texas (Original)
Annotate this CaseAppellant Benjamin Burch was indicted for possession with intent to deliver a controlled substance, cocaine. At trial, the State offered into evidence a one-page lab report. The relevant findings stated that the contents of four green plastic bags were used for analysis, and that the material inside was cocaine. Analyst Jennifer Pinckard and reviewer Monica Lopez signed the report. The State called Lopez to testify; on the stand she explained that Pinckard had performed all the tests in this particular case, but Pinckard no longer worked for the laboratory where the tests were performed. No evidence was offered as to why Pinckard had left the laboratory. Lopez said that, as the reviewer, she was to ensure that the lab's policies and procedures were followed. Appellant objected to Lopez's testimony, arguing it was a violation of his Sixth Amendment right to be able to confront witnesses against him. The trial court overruled his objection and admitted the report, the underlying physical evidence, and Lopez's testimony that the substance was cocaine. The Fifth Court of Appeals reversed the trial court, finding it was an error to admit the drug analysis and Lopez's testimony, and that the error was not harmless. The case was remanded for a new trial. The State filed a Petition for Discretionary Review, which the Texas Supreme Court granted. After its review, the Supreme Court concluded Lopez was not an appropriate surrogate witness for cross-examination. Accordingly, the Court of Appeals' decision to reverse and remand to the trial court for further proceedings was affirmed.
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