One of the most potentially influential Supreme Court decisions for trial practitioners is still pending a decision – Melendez-Diaz. This is the issue of forensic reports as testimonial under Crawford. The betting appears to be that it will be a mind-blower written by Justice Scalia.
On 6 April 2009, Professor Freidman, an amicus in the case, noted.
The Supreme Court completed its latest sitting today without deciding Melendez-Diaz v. Massachusetts. The long wait — the case was argued November 10 — suggests that something is brewing. Perhaps the Court is still debating the merits of the particular question presented, whether a forensic lab certificate reporting the presence of cocaine is testimonial. But I still think that should be an easy yes. Perhaps they are debating broader questions concerning the meaning of "testimonial." And perhaps they are debating yet more general questions of constitutional interpretation. April 21 is now the first date on which, barring something unusual, perhaps we will find out.
Yesterday, the 21st, the court issued one opinion and it was not Melendez-Diaz.