Tuesday, January 27, 2009
Still waiting for Melendez-Diaz . . .
The Supreme Court issued several decisions yesterday, including a couple from November and even one from December. But Melendez-Diaz, which was argued November 10, was not among them. The Court's next open session is February 23, and a decision could come down that day or soon after. If I were a defendant appealing from a conviction based on a lab or autopsy report that was admitted in the absence of a person who completed it or observed first-hand the event or conditions it states, I would certainly ask the court to postpone proceedings pending the Supreme Court's decision.