Rather quiet order list this morning, with the exception of one dissent from the denial of certiorari by Justice Gorsuch, joined by Justice Sotomayor. The issue is the Sixth Amendment’s confrontation clause.
The dissent covers 3 1/2 pages at the bottom of the above link.
The defendant was convicted of a DUI crash that resulted in a death. The State called in a different analyst, not the one who actually tested the blood. The defendant was effectively denied her right of cross examination, as the Gorsuch and Sotomayor pointed out.
Gorsuch and Sotomayor then go on to, rightfully, blame the Supreme Court itself for its fragmented decision in Williams v Illinois in 2012 that produced no majority decision and left no clear law as to the Sixth Amendment.
I agree with today’s dissent and I believe the Supreme Court needs to return to this issue very soon.
I should note, as evidenced by the Gorsuch/Sotomayor pairing, this issue has NOT broken down on the traditional conservative/liberal lines.
