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BULLCOMING v. NEW MEXICO

No. 09-10876.

131 S.Ct. 2705 (2011)

564 U.S. 647

180 L.Ed.2d 610

Donald BULLCOMING, Petitioner, v. NEW MEXICO.

Supreme Court of United States.

Decided June 23, 2011.

Attorney(s) appearing for the Case

Jeffrey L. Fisher, appointed by this Court, Stanford, CA, for Petitioner.

Gary K. King, Attorney General, for Respondent.

Susan Roth, Santa Fe, NM, Amy Howe, Kevin K. Russell, Goldstein, Howe & Russell, P.C., Bethesda, MD, Jeffrey L. Fisher, Pamela S. Karlan, Stanford, CA, for Petitioner.

Gary K. King, Attorney General of New Mexico, Ann Marie Harvey, Assistant Attorney General, James W. Grayson, Assistant Attorney General, M. Victoria Wilson, Albuquerque, NM, for Respondent.

Justice GINSBURG delivered the opinion of the Court, except as to Part IV and footnote 6.*

In Melendez-Diaz v. Massachusetts, 557 U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), this Court held that a forensic laboratory report stating that a suspect substance was cocaine ranked as testimonial for purposes of the Sixth Amendment's Confrontation Clause. The report had been created specifically...

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