Admission of Drug Lab Case Cover Memorandums Result in Dismissal of Courts-Martial

Recent defense friendly results in United States v. Cavitt, 69 M.J. 413 (2011) and United States v. Dollar, 69 M.J. 411 (2011) have now made it clear that drug cover memorandum and the information contained within them, may not be admitted into evidence, for consideration by the court or panel, without the lab technicians being called as witnesses at the court-martial. CAAF reversed the above cases (as it had United States v. Blazer, 69 M.J. 218 (2011) because the Government violated the Confrontation Clause of the Sixth Amendment to the United States Constitution.

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