Section 16.32 Constitutional Issues

• Library: Evidence 2017

3. (§16.32) Constitutional Issues

In criminal cases, this hearsay exception may violate the defendant’s constitutional rights. For example, the admission of laboratory results into evidence under § 544.376, RSMo 2016, at the preliminary hearing may violate the defendant’s right to confront the witness. See State v. March, 216 S.W.3d 663, 667 (Mo. banc 2007) (the laboratory report was testimonial). The Supreme Court of Missouri determined...