Confrontation Clause Case

Confrontation Clause violation where prosecution sought to introduce a forensic laboratory report containing a testimonial certification — made for the purpose of proving a particular fact — through the in-court testimony of a scientist who did not sign the certification. Bullcoming v. New Mexico, No. 09-10876 (June 23, 2011). Court held that surrogate testimony of that nature violates the accused’s right to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist.