19 March 2010  Drug Lab Reports and the Confrontation Clause
In an unusual 5-4 split, Justice Scalia, writing for the
majority, concluded that drug lab reports were within the core
class of testimonial statements covered by the Confrontation
Clause.  Under Melendez-Diaz, the Government can not use a drug
lab report as evidence against an accused unless that accused
waives his right to cross-examine the analyst who prepared the
report. In reaching this conclusion, the Court emphasized that
the Government “may not ignore constitutional rights simply
because compliance is inconvenient or expensive.”  The question
for us in the military is since lab reports are within the core
class of testimonial statements covered by the Confrontation
Clause, who does the Government have to call as a witness in a
court-martial? We may have the answer to this question soon. The
CAAF in United States v. Blazier, 68 M.J. 240 (2009), is dealing
with this very issue. The opinion has not been released yet, but
the issue in front of