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.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s