“New Defense” Against Drug Prosecutions

The Accused’s right to confrontation of drug lab witnesses has been soundly (albeit confusingly) endorsed in United States v. Blazier, 69 MJ 218 (2010). Government prosecutors must now arguably call all lab technicians that handled any given urine sample, and not merely the certifying official. As a result,  suddenly these drug cases have become very expensive to prosecute; and from a defense perspective the odds of winning such cases may have increased considerably now that the Government will be compelled to produce the entire lab staff for cross-examination.  Both counsel and Accused must now assert this new precedent which resoundingly upholds the Sixth amendment; starting perhaps with the article 32 investigation.

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