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Supreme Court

Justices send expert witness question back to state court

The Supreme Court on Friday sent the case of an Arizona man convicted of drug possession back to the state courts. Jason Smith argued that when an expert witness testified for the prosecution about drug analysis performed by another forensic scientist, it violated his right under the Sixth Amendment “to be confronted with the witnesses against him.”

In an opinion by Justice Elena Kagan, the court agreed with Smith that the requirements of the Sixth Amendment’s confrontation clause normally … Read the rest

Supreme Court

Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

A lot has happened since our last installment. The Supreme Court granted review of one-time relists Garland v. Cargill, involving whether bump stocks are “machineguns” and thus generally prohibited, and Coinbase, Inc. v. Suski, involving whether a court or an arbitrator should decide whether an arbitration agreement that generally delegates the … Read the rest

Supreme Court

Self-proclaimed “blind mule” challenges expert testimony on drug-trafficking charge

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

So-called “blind mules” are people who drive across the border without knowing their car has been packed with drugs. These people often escape criminal charges because, to convict someone of trafficking drugs into the country, the government has to prove that they knew they were carrying controlled substances. This week, … Read the rest