massachusetts argued november decided june petitioner drug trial prosecution introduced certificates state laboratory analysts stating material seized police connected petitioner cocaine certain quantity required massachusetts law certificates sworn notary public submitted prima facie evidence asserted petitioner objected asserting crawford washington required analysts testify person trial disagreed certificates admitted petitioner convicted massachusetts appeals affirmed rejecting petitioner claim certificates admission violated sixth amendment held admission certificates violated petitioner sixth amendment right confront witnesses pp crawford witness testimony defendant inadmissible unless witness appears trial witness unavailable defendant prior opportunity certificates affidavits fall within core class testimonial statements covered confrontation clause asserted substance found petitioner possession prosecution claimed cocaine certain weight precise testimony analysts expected provide called trial certificates made crawford required testimonial statements circumstances lead objective witness reasonably believe statement available use later trial relevant massachusetts law sole purpose provide prima facie evidence substance composition quality net weight petitioner entitled confronted persons giving testimony trial pp arguments advanced avoid rather straightforward application crawford rejected respondent claim analysts subject confrontation accusatory witnesses finds support sixth amendment text case law affiants testimonial statements nearly contemporaneous observations fact alter statements testimonial character support proposition witnesses testify regarding facts observed crime scene exempt confrontation absence interrogation irrelevant witness volunteers testimony less witness sixth amendment purposes affidavits qualify traditional official business records argument analysts subject confrontation statements result neutral scientific testing little invitation return decision ohio roberts held evidence particularized guarantees trustworthiness admissible without confrontation petitioner power subpoena analysts substitute right confrontation finally requirements confrontation clause may relaxed make prosecution task burdensome event practice many already accords today decision serious disruption predicted respondent dissent materialized pp mass app reversed remanded scalia delivered opinion stevens souter thomas ginsburg joined thomas filed concurring opinion kennedy filed dissenting opinion roberts breyer alito joined luis petitioner massachusetts writ certiorari appeals massachusetts june justice scalia delivered opinion massachusetts courts case admitted evidence affidavits reporting results forensic analysis showed material seized police connected defendant cocaine question presented whether affidavits testimonial rendering affiants witnesses subject defendant right confrontation sixth amendment boston police officers received tip kmart employee thomas wright engaging suspicious activity informant reported wright repeatedly received phone calls work picked front store blue sedan return store short time later police set surveillance kmart parking lot witnessed precise sequence events wright got car upon return one officers detained searched finding four clear white plastic bags containing substance resembling cocaine officer signaled officers scene arrest two men car one petitioner luis officers placed three men police cruiser short drive police station officers observed passengers fidgeting making furtive movements back car depositing men station searched police cruiser found plastic bag containing smaller plastic bags hidden partition front back seats submitted seized evidence state laboratory required law conduct chemical analysis upon police request mass laws ch west charged distributing cocaine trafficking cocaine amount grams ch trial prosecution placed evidence bags seized wright police cruiser also submitted three certificates analysis showing results forensic analysis performed seized substances certificates reported weight seized bags stated bags examined following results substance found contain cocaine app pet cert certificates sworn notary public analysts state laboratory institute massachusetts department public health required massachusetts law mass laws ch petitioner objected admission certificates asserting confrontation clause decision crawford washington required analysts testify person objection overruled certificates admitted pursuant state law prima facie evidence composition quality net weight narcotic analyzed mass laws ch jury found guilty appealed contending among things admission certificates violated sixth amendment right confronted witnesses appeals massachusetts rejected claim affirmance order mass app wl july relying massachusetts judicial decision commonwealth verde mass held authors certificates forensic analysis subject confrontation sixth amendment judicial denied review mass granted certiorari ii sixth amendment constitution made applicable via fourteenth amendment pointer texas provides criminal prosecutions accused shall enjoy right confronted witnesses crawford reviewing clause historical underpinnings held guarantees defendant right confront witness testimony defendant thus inadmissible unless witness appears trial witness unavailable defendant prior opportunity opinion described class testimonial statements covered confrontation clause follows various formulations core class testimonial statements exist ex parte testimony functional equivalent material affidavits custodial examinations prior testimony defendant unable similar pretrial statements declarants reasonably expect used prosecutorially extrajudicial statements contained formalized testimonial materials affidavits depositions prior testimony confessions statements made circumstances lead objective witness reasonably believe statement available use later trial internal quotation marks citations omitted little doubt documents issue case fall within core class testimonial statements thus described description category mentions affidavits twice see also white illinois thomas concurring part concurring judgment confrontation clause implicated extrajudicial statements insofar contained formalized testimonial materials affidavits depositions prior testimony confessions documents issue denominated massachusetts law certificates quite plainly affidavits declaration facts written sworn declarant officer authorized administer oaths black law dictionary ed incontrovertibly declaration affirmation made purpose establishing proving fact crawford supra quoting webster american dictionary english language fact question substance found possession codefendants prosecution claimed cocaine precise testimony analysts expected provide called trial certificates functionally identical live testimony precisely witness direct examination davis washington emphasis deleted moreover affidavits circumstances lead objective witness reasonably believe statement available use later trial crawford supra massachusetts law sole purpose affidavits provide prima facie evidence composition quality net weight analyzed substance mass laws ch safely assume analysts aware affidavits evidentiary purpose since purpose stated relevant provision reprinted affidavits see app pet cert short decision crawford analysts affidavits testimonial statements analysts witnesses purposes sixth amendment absent showing analysts unavailable testify trial petitioner prior opportunity petitioner entitled confronted analysts trial crawford supra iii respondent dissent advance potpourri analytic arguments effort avoid rather straightforward application holding crawford addressing however must assure reader falsity dissent opening alarum sweep ing away accepted rule governing admission scientific evidence established least years extends across least six federal courts appeals post opinion kennedy vast majority cases dissent cites support claim come last years last surprisingly nearly rely decision ohio roberts theory unconfronted testimony admissible long bore indicia reliability see post six federal courts appeals cases cited dissent five postdated expressly relied roberts see post sixth predated roberts relied entirely erroneous theory see kay rejecting confrontation clause challenge reasonable necessity evidence evidence qualities reliability trustworthiness review cases predate roberts era yields mixed picture dissent notes three state decisions early century denied confrontation respect certificates analysis regarding substance alcohol content see post citing cases massachusetts connecticut virginia state courts era reached opposite conclusion see torres state tex crim app volrich state wl ohio least much entirely clear faithfully applying crawford facts case overruling years settled jurisprudence dissent seeks overturn precedent resurrecting roberts mere five years rejected crawford turn various legal arguments raised respondent dissent respondent first argues analysts subject confrontation accusatory witnesses directly accuse petitioner wrongdoing rather testimony inculpatory taken together evidence linking petitioner contraband see brief respondent finds support text sixth amendment case law sixth amendment guarantees defendant right confronted witnesses emphasis added extent analysts witnesses question resolved certainly provided testimony petitioner proving one fact necessary conviction substance possessed cocaine contrast text confrontation clause text adjacent compulsory process clause confirms analysis confrontation clause guarantees defendant right confronted witnesses compulsory process clause guarantees defendant right call witnesses favor amdt text amendment contemplates two classes witnesses defendant favor prosecution must produce former defendant may call latter contrary respondent assertion third category witnesses helpful prosecution somehow immune confrontation often indeed perhaps usually case adverse witness testimony taken alone suffice convict yet respondent fails cite single case testimony admitted absent defendant opportunity unsurprisingly since holding contrary longstanding case law kirby considered kirby conviction receiving stolen property evidence consisted part records conviction three individuals found guilty stealing relevant property though evidence proved property stolen kirby received nevertheless ruled admission records violated kirby rights confrontation clause see also king turner mood eng confession one defendant stolen certain goods used evidence another defendant accused receiving stolen property respondent dissent argue analysts subject confrontation conventional typical ordinary witnesses sort whose ex parte testimony notoriously used trial sir walter raleigh post brief respondent true recognized crawford ex parte examinations sort used raleigh trial long thought paradigmatic confrontation violation paradigmatic case identifies core right confrontation limits right confrontation invented response use ex parte examinations raleigh case tr use provoked outcry precisely flouted deeply rooted tradition live testimony subject adversarial testing crawford supra citing blackstone commentaries laws england see also crawford supra case purported distinctions respondent dissent identify case sir walter raleigh conventional accusers survive scrutiny dissent first contends conventional witness recalls events observed past analyst report contains observations test post doubtful analyst reports case characterized reporting observations affidavits completed almost week tests performed see app pet cert tests performed november affidavits sworn december regardless dissent misunderstands role played case law dissent notes factor given substantial weight davis post fact decision disproves dissent position considered admissibility statements made police officers responding report domestic disturbance time officers arrived assault ended victim statements written oral sufficiently close time alleged assault trial admitted affidavit present sense impression davis internal quotation marks omitted though witness statements davis events reported nevertheless held admitted absent opportunity confront witness second reason dissent contends analysts conventional witnesses thus subject confrontation observe neither crime human action related post dissent provides authority particular limitation type witnesses subject confrontation conceivable witnesses fit description outside scope confrontation clause example police officer investigative report describing crime scene admissible absent opportunity examine officer dissent novel exception coverage confrontation clause exempt expert witnesses hardly unconventional class witnesses third respect dissent asserts analysts conventional witnesses thus subject confrontation statements provided response interrogation ibid see also brief respondent explained framers willing exempt volunteered testimony answers questions exempt answers detailed interrogation davis supra respondent dissent cite authority aware none holding person volunteers testimony less defendant brief respondent one responding interrogation event analysts affidavits case presented response police request see mass laws ch affidavit submitted response police officer request write happened suffices trigger sixth amendment protection apparently see davis thomas concurring judgment part dissenting part analysts testimony subject confrontation well respondent claims difference confrontation clause purposes testimony recounting historical events prone distortion manipulation testimony issue resul neutral scientific testing brief respondent relatedly respondent dissent argue confrontation forensic analysts little value one reasonably expect laboratory professional feel quite differently results scientific test look defendant internal quotation marks omitted see post argument little invitation return overruled decision roberts held evidence particularized guarantees trustworthiness admissible notwithstanding confrontation clause said crawford response argument remains true sure clause ultimate goal ensure reliability evidence procedural rather substantive guarantee commands evidence reliable reliability assessed particular manner testing crucible dispensing confrontation testimony obviously reliable akin dispensing jury trial defendant obviously guilty sixth amendment prescribes respondent dissent may right ways cases better ways challenge verify results forensic constitution guarantees one way confrontation license suspend confrontation clause preferable trial strategy available evident respondent calls neutral scientific testing neutral reliable respondent suggests forensic evidence uniquely immune risk manipulation according recent study conducted auspices national academy sciences majority laboratories producing forensic evidence administered law enforcement agencies police departments laboratory administrator reports head agency national research council national academies strengthening forensic science path forward prepublication copy hereinafter national academy report ecause forensic scientists often driven work need answer particular question related issues particular case sometimes face pressure sacrifice appropriate methodology sake expediency forensic analyst responding request law enforcement official may feel pressure incentive alter evidence manner favorable prosecution confrontation one means assuring accurate forensic analysis true dissent notes honest analyst alter testimony forced confront defendant post said fraudulent analyst see brief national innocence network amicus curiae discussing cases documented drylabbing forensic analysts report results tests never performed national academy report discussing documented cases fraud error involving use forensic evidence like eyewitness fabricated account police analyst provides false results may oath open reconsider false testimony see coy iowa course prospect confrontation deter fraudulent analysis first place confrontation designed weed fraudulent analyst incompetent one well serious deficiencies found forensic evidence used criminal trials one commentator asserts legal community concedes varying degrees urgency system produces erroneous convictions based discredited forensics metzger cheating constitution vand rev one study cases exonerating evidence resulted overturning criminal convictions concluded invalid forensic testimony contributed convictions cases garrett neufeld invalid forensic science testimony wrongful convictions rev national academy report concluded forensic science system encompassing research practice serious problems addressed national commitment overhaul current structure supports forensic science community country national academy report emphasis original like expert witnesses generally analyst lack proper training deficiency judgment may disclosed case illustrative affidavits submitted analysts contained statement substance found contain cocaine app pet cert time trial petitioner know tests analysts performed whether tests routine whether interpreting results required exercise judgment use skills analysts may possessed still know precise tests used analysts told laboratories use methodology recommended scientific working group analysis seized drugs app brief petitioner least methodology requires exercise judgment presents risk error might explored see giannelli imwinkelried scientific evidence pp ch ed identifying four critical errors analysts may commit interpreting results commonly used gas spectrometry analysis shellow application daubert identification drugs shepard expert scientific evidence quarterly noting spectrometers may equipped computerized matching systems forensic analysts crime laboratories typically utilize feature instrument rely exclusively subjective judgment true many types forensic evidence commonly used criminal prosecutions wide variability across forensic science disciplines regard techniques methodologies reliability types numbers potential errors research general acceptability published material national academy report see also discussing problems subjectivity bias unreliability common forensic tests latent fingerprint analysis analysis toolmark firearms analysis contrary respondent dissent suggestion little reason believe confrontation useless testing analysts honesty proficiency methodology features commonly focus experts respondent argues analysts affidavits admissible without confrontation akin types official business records admissible common law brief respondent affidavits qualify traditional official business records even authors subject confrontation nonetheless documents kept regular course business may ordinarily admitted trial despite hearsay status see fed rule evid case regularly conducted business activity production evidence use trial decision palmer hoffman made distinction clear held accident report provided employee railroad company qualify business record although kept regular course railroad operations calculated use essentially business analysts certificates like police reports generated law enforcement officials qualify business public records precisely reason see rule defining public records excluding however criminal cases matters observed police officers law enforcement personnel respondent seeks rebut limitation noting common law results coroner inquest admissible without opportunity confrontation previously noted whatever status coroner reports common law england accorded special status american practice see crawford giles california slip breyer dissenting evidence official records coroner inquest rev dissent identifies single class evidence though prepared use trial traditionally admissible clerk certificate authenticating official record copy thereof use evidence see post clerk authority regard narrowly circumscribed permitted certify correctness copy record kept office authority furnish evidence trial lawsuit interpretation record contains shows certify substance effect state wilson la see also state champion wigmore evidence ed dissent suggests fact exception makes difference see post contrary makes difference world shows even line cases establishing one narrow exception dissent able identify simultaneously vindicates general rule applicable present case clerk affidavit authenticate provide copy otherwise admissible record analysts create record sole purpose providing evidence far probative cases prosecution sought admit evidence clerk certificate attesting fact clerk searched particular relevant record failed find like testimony analysts case clerk statement serve substantive evidence defendant whose guilt depended nonexistence record clerk searched although clerk certificate qualify official record respondent definition prepared public officer regular course official duties although clerk certainly conventional witness dissent approach clerk nonetheless subject confrontation see people bromwich people goodrode wigmore supra respondent also misunderstands relationship hearsay exceptions confrontation clause stated crawford hearsay exceptions covered statements nature testimonial example business records statements furtherance conspiracy business public records generally admissible absent confrontation qualify exception hearsay rules created administration entity affairs purpose establishing proving fact trial testimonial whether qualify business official records analysts statements prepared specifically use petitioner trial testimony petitioner analysts subject confrontation sixth amendment respondent asserts find confrontation clause violation case petitioner ability subpoena analysts power whether pursuant state law compulsory process clause substitute right confrontation unlike confrontation clause provisions use defendant witness unavailable simply refuses appear see davis witness subpoenaed appear trial converting prosecution duty confrontation clause defendant privilege state law compulsory process clause shifts consequences state accused fundamentally confrontation clause imposes burden prosecution present witnesses defendant bring adverse witnesses value defendant replaced system prosecution presents evidence via ex parte affidavits waits defendant subpoena affiants chooses finally respondent asks us relax requirements confrontation clause accommodate trial adversary process brief respondent clear whence derive authority confrontation clause may make prosecution criminals burdensome equally true right trial jury privilege confrontation clause like constitutional provisions binding may disregard convenience also doubt accuracy respondent dissent dire predictions dissent respondent amici highlight substantial total number analyses performed state federal laboratories recent years tests implicated prosecutions small fraction cases actually proceed trial see brief law professors amici curiae nearly convictions state federal courts obtained via guilty plea perhaps best indication sky fall today decision done already many already adopted constitutional rule announce many others permit defendant assert forfeit silence confrontation clause right receiving notice prosecution intent use forensic analyst report cataloging state laws despite widespread practices evidence criminal justice system ground halt one way another empower defendant insist upon analyst appearance trial indeed massachusetts defendant may subpoena analyst appear trial see brief respondent yet indication obstructionist defendants abusing privilege dissent finds evidence far less reassuring promised post doubts rest two flawed premises first dissent believes state statutes requiring defendant give early notice intent confront analyst statutes may invalidated reasoning post simplest form statutes require prosecution provide notice defendant intent use analyst report evidence trial defendant given period time may object admission evidence absent analyst appearance live trial see code ann tex code crim proc art vernon ohio rev code ann west contrary dissent perception statutes shift burden whatever defendant always burden raising confrontation clause objection statutes simply govern time within must free adopt procedural rules governing objections see wainwright sykes common require defendant exercise rights compulsory process clause advance trial announcing intent present certain witnesses see fed rules crim proc comment alibi notice rules preclusion sanction procedural default chi rev discussing cataloguing state rules taylor illinois williams florida conceivable reason similarly compelled exercise confrontation clause rights trial see people discussing approving colorado provision today decision disrupt criminal prosecutions many large whose practice already accord confrontation second dissent notes several cases already adopted rule pursuant decision crawford independently matter state law post may assessing likely practical effects today ruling irrelevant courts adopted rule matters true many decisions recent dissent dire predictions accurate given large number drug prosecutions state level one expected immediate dramatic results absence evidence telling surprising defense attorneys clients often stipulate nature substance ordinary drug case unlikely defense counsel insist live testimony whose effect merely highlight rather cast doubt upon forensic analysis defense attorneys want antagonize judge jury wasting time appearance witness whose testimony defense counsel intend rebut amicus brief filed district attorneys support commonwealth massachusetts case upon appeals relied said almost always case analysts certificates admitted without objection generally defendants object admission drug certificates likely benefit defendant testimony brief district attorneys support commonwealth mass omitted given strategic considerations light experience already provide similar protections defendants little reason believe decision today commence parade horribles respondent dissent predict case involves little application holding crawford washington sixth amendment permit prosecution prove case via ex parte affidavits admission evidence therefore reverse judgment appeals massachusetts remand case proceedings inconsistent opinion ordered luis petitioner massachusetts writ certiorari appeals massachusetts june justice thomas concurring write separately note continue adhere position confrontation clause implicated extrajudicial statements insofar contained formalized testimonial materials affidavits depositions prior testimony confessions white illinois opinion concurring part concurring judgment see also giles california slip concurring opinion characterizing statements within scope confrontation clause include sufficiently formal resemble marian examinations mirandized custodial accompanied similar indicia formality internal quotation marks omitted davis washington opinion concurring judgment part dissenting part reiterating clause encompasses extrajudicial statements contained types formalized materials listed white supra join opinion case documents issue case quite plainly affidavits ante fall within core class testimonial statements governed confrontation clause ibid internal quotation marks omitted luis petitioner massachusetts writ certiorari appeals massachusetts june justice kennedy chief justice justice breyer justice alito join dissenting sweeps away accepted rule governing admission scientific evidence today scientific analysis introduced evidence without testimony analyst produced rule established least years extends across least six federal courts appeals yet undoes based two recent opinions say nothing forensic analysts crawford washington davis washington remarkable confidently disregards century jurisprudence learn misinterpreted confrontation clause hardly arcane provision constitution first years existence immediate systemic concern makes attempt acknowledge real differences laboratory analysts perform scientific tests conventional witnesses witnesses word framers used confrontation clause crawford davis dealt ordinary witnesses women seen two cases victim crime question cases stand proposition formal statements made conventional witness one personal knowledge aspect defendant guilt may admitted without witness appearing trial meet accused face face crawford davis say indeed said facts anyone makes testimonial statement witness purposes confrontation clause even person fact witnessed nothing give personal knowledge defendant guilt crawford davis concerned typical witnesses done sensible thing limited holding witnesses defined indeed justice thomas warned opinion davis approach become disconnected history unnecessary prevent abuse reliance word testimonial little help course word appear text clause dictates matter constitutional law set rules governing kinds evidence may admitted without testimony indeed today opinion bear even onerous burden crawford least guidance hearsay rule rest assured evidence ell within firmly rooted hearsay exception confrontation clause bar admission ohio roberts overruled crawford without guidance established body law guess future rules distill sparse constitutional text see méndez crawford washington critique stan rev discussing unanswered questions regarding testimonial statements opinion suggests body formalistic wooden rules divorced precedent common sense underlying purpose clause ruling vast potential disrupt criminal procedures already give ample protections misuse scientific evidence reasons fully explained opinion elicits respectful dissent says results scientific test may introduced evidence defendant right confront analyst ante one must assume term though appears nowhere confrontation clause nevertheless constitutional substance must elaborated future cases accepted definition analyst established precedent define term consider many people play role routine test presence illegal drugs one person prepares sample drug places testing machine retrieves machine printout often graph showing frequencies radiation absorbed sample masses sample molecular fragments see giannelli imwinkelried scientific evidence ed describing common methods identifying drugs including infrared spectrophotometry nuclear magnetic resonance gas chromatography mass spectrometry second person interprets graph machine prints perhaps comparing printout published standardized graphs known drugs ibid meanwhile third person perhaps independent contractor calibrated machine done certified machine good working order finally fourth person perhaps laboratory director certifies subordinates followed established procedures evident four persons analyst confronted rule announces today witnesses must appear confrontation practical purposes forbidden use scientific tests criminal trials discussed requiring even one individuals testify threatens disrupt end many prosecutions guilt clear newly found formalism holds sway see part infra possible read opinion however say four must testify one contributed test result least respects made representation test person one represents pure sample properly drawn entered machine produced particular printout person two represents printout corresponds known drug person three represents machine properly calibrated time person four represents others performed jobs accord established procedures four power introduce error laboratory technician might adulterate sample independent contractor might botch machine calibration forth reasons errors may range animus particular suspect criminal suspects unintentional oversight gross negligence mistake surprise plausible case made deeming person testing process analyst opinion consider independent contractor calibrated testing machine least routine case machine result appears unmistakable result accuracy depends entirely machine calibration calibration turn proved contractor certification job properly certification appears testimonial statement definition formal statement offered truth matter asserted made purpose later prosecution see ante clear ruling independent contractor also analyst consider person interprets machine printout interpretation may call exercise professional judgment close cases see giannelli imwinkelried supra assume person deliberately introduces error interpretive step one likely permit human error affect test result exercise judgment might make participant analyst implies much see ante must yet consider laboratory director certifies ultimate results director arguably effective person confront revealing ambiguity findings variations procedures problems office familiar standard procedures office variations problems prior cases particular analysts prosecution may seek introduce certification evidence implies statements actually entered evidence require confrontation see ante mean director also analyst even certification relies upon restates work performed subordinates offers principles historical precedent determine persons analyst contribute test result equally remote scene personal stake outcome even know accused concerned performance role conducting test argued analyst must testify person signed certificate view laboratory one employee sign certificates appear spare analysts burden already rejected arrangement made clear davis permit testimonial statement one witness enter evidence testimony second think conceivable protections confrontation clause readily evaded policeman laboratory employee signs certificate recite unsworn hearsay testimony declarant analyst performs actual test instead declarant sign deposition indeed one point case english early american state federal cited logic holding cabined person signs certificates signatory restating testimonial statements true analysts whoever might analysts must testify person today decision demonstrates even narrow category scientific tests identify drug define clarity analyst outside narrow category range scientific tests may affected new confrontation right staggering see comment toward definition testimonial autopsy reports embody qualities testimonial statement cal rev noting every held autopsy reports testimonial warning contrary rule effectively functio statute limitations murder difficult confine point damage holding contexts consider two establishing chain custody authenticating copy document obligation prosecution establish chain custody evidence sent testing laboratories establish identity integrity physical evidence tracing continuous whereabouts criminal law meeting obligation requires representations one officer retrieved evidence crime scene second officer checked evidence locker third officer verified locker seal intact forth iron logic enamored seem require testimony human link chain custody course never law see lott aps chain custody normally go weight evidence rather admissibility jur evidence fact one persons control fungible substance testify trial without make substance testimony relating inadmissible supra generally necessary every witness handled evidence testify answer say prosecution decide steps chain custody crucial require evidence ante case determines links chain crucial prosecution number cases crucial link chain available testify evidence excluded lack proper foundation consider another context holding may cause disruption practice authenticating copies documents means certificate document custodian stating copy accurate see fed rule evid order copy public record must certified correct custodian rule business record must accompanied written declaration custodian one possible reading opinion recordkeepers required testify far courts read crawford davis impose largely meaningless requirement see adefehinti cadc certificates authenticating bank records may admitted without confrontation ellis certificate authenticating hospital records breadth ruling today undefined scope may well courts must deemed erred risk consequence tell us something wrong analysis driven nothing wooden application crawford davis definition testimonial divorced guidance history precedent common sense way predict future applications today holding surely part justification formalism must lie predictability nothing predictable however uncertainty disruption must ensue precedent guide us let us assume analyst person interprets machine printout result makes sense confrontation clause designed serve detect errors scientific tests instead done conducting new test new test impossible defendant may call expert explain jury test flaws dangers relying extraordinary case particular analyst testimony necessary defense course defendant may subpoena analyst frets defendant may unable analyst unavailable simply refuses appear ante laboratory analysts difficult locate compel discussed analysts already devote considerable time appearing subpoenaed see part infra see also brief state alabama et al amici curiae neither petitioner amici offer reason believe defendants trouble subpoenaing analysts cases analysts testimony necessary facts case illustrate formalistic pointless nature reading clause petitioner knew well advance trial commonwealth introduce tests bags cocaine available test entered evidence yet petitioner made effort trial mount defense analysts results petitioner challenged tests reliability seeking discovery concerning testing methods used qualifications laboratory analysts see mass rule crim proc petitioner sought conduct test see rule seek test indeed argue drug cocaine rather dispute authenticity samples tested accuracy tests performed petitioner argued jury prosecution shown possessed dealt drugs despite prepared defense analysts results petitioner counsel made described pro forma objection admitting results without testimony presumably one particular analyst today deciding objection sustained transforms confrontation clause sensible procedural protection distortion criminal justice system difficult perceive holding advance purposes confrontation clause one purpose confrontation impress upon witnesses gravity conduct see coy iowa witness brought face person words condemn might refine reformulate reconsider even recant earlier statements see ibid purpose alleviate danger interrogations adversarial government officials might distort witness testimony clause guards danger bringing interrogation neutral public forum courtroom see maryland craig scalia dissenting discussing value confrontation right guarding child distorted coerced recollections see also cal supra private questioning police officers prosecutors exert pressure witness without high risk discovered courtroom questioning contrast public performed front jury judge defendant pressure therefore harder exert neither purpose served rule announces today plausible laboratory analyst retract prior conclusion upon catching sight defendant result condemns analyst far removed particular defendant indeed claims personal knowledge defendant guilt analyst performs hundreds thousands tests year remember particular test link defendant say analysts infallible may well state introduce machine printout raw results laboratory analysis call expert interpret test particularly test complex little known establish chain custody reliability laboratory state failed meet burden proof result follows state must prove case beyond reasonable doubt without relying presumptions unreliable hearsay like see gypsum refusing permit presumption intent effectively eliminate intent ingredient quoting morissette state must permit defendant challenge analyst result see holmes south carolina affirming defendant right meaningful opportunity present complete defense internal quotation marks omitted rules evidence including governing reliability hearsay principles latitude given expert witnesses rules irrebutable presumptions overriding principle prosecution must make case beyond reasonable doubt part protections accused however latitude determining rules defined confrontation clause addresses must testify simply follow however clause lieu rules set forth controls prosecution must call every issue suppose instance defense challenges procedures secure chain custody evidence sent lab returned police defense right call witnesses show chain custody secure mean demand prosecution case chief person chain custody undoubted opportunity taint tamper evidence must called prosecution confrontation clause true lab technicians confrontation clause simply needed matters defendant even dispute accuracy analyst work confrontation adds nothing sake negligible benefits threatens disrupt forensic investigations across country put prosecutions nationwide risk dismissal based erratic instances particular laboratory technician invested new constitutional designation analyst simply appear consider first costs today decision imposes criminal trials enjoys weeks often months notice cases argued receive briefs well advance argument ordered busy trial contrast must consider attorneys schedules also witnesses juries trial courts huge caseloads processed within strict time limits cases may unexpectedly plead last minute others unexpectedly may juries stay longer predicted others must reconstituted analyst hope trial top priority scheduling analyst must instead face prospect waiting days hallway outside courtroom called offer testimony consist little rote recital written report see part supra matters stood today opinion analysts already spent considerable time appearing witnesses cases defendant unlike petitioner case contested analyst result subpoenaed analyst see brief alabama et al amici curiae testifying takes time ante today opinion always case analysts certificates admitted without massachusetts courts requiring analysts also appear far greater number cases defendants dispute analyst result imposes enormous costs administration justice setting aside moment crimes scientific evidence required consider costs ruling impose state drug prosecutions alone recent year data available drug possession trafficking resulted felony convictions state courts across country see dept justice bureau justice statistics durose langan felony sentences state courts july roughly convictions products plea bargains see means state courts saw drug trials single year analysts responsible testing drugs issue cases bear crushing burden example district attorney philadelphia prosecuted drug crimes brief national dist attorneys association et al amici curiae assuming number remains assuming cases end plea bargain city drug analysts required testify trials next year cleveland district attorney prosecuted drug crimes ibid assuming number holds cases end plea bargain city drug analysts two work part time must testify drug cases next year federal government may face even graver difficulties operations widespread example fbi laboratory quantico virginia supports federal state local investigations across country employees conduct one million scientific tests year dept justice fbi laboratory message fbi laboratory director http visited june available clerk case file decision means million tests reaches jury least one laboratory analysts must board plane find way unfamiliar courthouse sit waiting read aloud notes made months ago purchases meddling confrontation clause dear price price measured taxpayer dollars alone guilty defendants go free technical grounds direct result today decision adding nothing process analyst always make courthouse time may ill may country may unable travel inclement weather may moment waiting outside courtroom another defendant exercise right invents today reason analyst make courthouse time holds jury learn analyst findings unless unlikely turn events defendant previously analyst ante result many cases prosecution meet burden proof guilty defendant goes free technicality results acquittal reviewed appeal holding windfall defendants one unjustified demonstrated deficiency trials historical requirement established constitutional precedent ii problems today decision imprecise definition analyst lack perceptible benefit heavy societal costs moment constitution fact require rule today constitution fundamental mistake read confrontation clause referring kind statement namely testimonial statement must excluded evidence clause refer kinds statements clause contain word testimonial text instead refers kinds persons namely witnesses defendant laboratory analysts witnesses defendant words understood framing simply authority proposition instead clause refers conventional witness meaning one witnesses perceives event gives personal knowledge aspect defendant guilt crawford davis concerned kind ordinary witness nothing confrontation clause text history precedent justifies decision expand cases clause criminal prosecutions accused shall enjoy right confronted witnesses amdt though virtually evidence drafters confrontation clause intended mean white illinois thomas concurring part concurring judgment certain framers contemplate analyst conducts scientific test far removed crime considered witnes defendant framers concerned typical witness one perceived event gave rise personal belief aspect defendant guilt evidence framers understood clause extend unconventional witnesses discussed significant evidence contrary see part infra circumstances historical evidence support position meager form solid basis history preceding contemporaneous framing constitution boumediene bush slip quoting reid covert frankfurter concurring result goes dangerously wrong bases constitutional interpretation upon historical guesswork infamous treason trial sir walter raleigh provides excellent examples kinds witnesses confrontation clause refers raleigh case tr see crawford raleigh trial informs understanding clause time framing one notorious instances abuse witnesses statements ante raleigh accusers claimed heard raleigh speak treason witnesses conventional sense limit confrontation clause witnesses like raleigh trial today expands clause include laboratory analysts analysts differ ordinary witnesses least three significant ways first conventional witness recalls events observed past analyst report contains observations test observation recorded time made unlike usual act testifying typical witness must recall previous event perceived thus may misperceived misremembered analyst making contemporaneous observation need rely memory instead reports observations time made gave consideration substantial weight davis primary purpose victim call enable police assistance meet ongoing emergency rather establish prove past events potentially relevant later criminal prosecution see also people geier cal cites authority holding observation recorded time made act witness ing purposes confrontation clause second analyst observes neither crime human action related often analyst know defendant identity much less personal knowledge aspect defendant guilt analyst distance crime defendant space time suggests analyst witness defendant conventional sense third conventional witness responds questions interrogation see raleigh case supra laboratory tests conducted according scientific protocols dependent upon controlled interrogation sort put differently statements require confrontation produced involvement adversarial government officials responsible investigating prosecuting crime cal indication analysts work state laboratory institute division massachusetts department public health adversarial petitioner evidence adversarial officials played role formulating analysts certificates rather acknowledge expands confrontation clause beyond conventional witnesses relies recent opinions crawford davis ante assumes little analysis crawford davis extended clause person makes testimonial statement confident tone disguise thinness two reeds neither crawford davis considered whether clause extends persons far removed crime connection defendant instead cases concerned conventional witnesses davis supra witnesses victims defendants assaults crawford supra witness saw defendant stab victim true crawford davis employed term testimonial thereby suggested testimonial statement person matter distant defendant crime subject confrontation clause suggestion part holding crawford davis opinions used adjective testimonial avoid awkward phrasing required reusing noun witness today transforms turn phrase new sweeping legal rule holding anyone makes formal statement purpose later prosecution matter removed crime must considered witness defendant ante cites authority justify expansive new interpretation historical evidence supports conclusion confrontation clause understood extend beyond conventional witnesses include analysts conduct scientific tests far removed crime defendant indeed little evidence contradicts interpretation though framers forensic scientists use another kind unconventional witness copyist copyist work may essential criminal prosecution forensic analyst convict man bigamy example state often requires marriage records see williams state state potter original records taken archive prosecution must rely copies records made purpose introducing copies evidence trial see ibid case copyist honesty diligence important analyst copyist falsifies copy even misspells name transposes date flaws lead jury convict much depends honesty diligence copyist often prepares affidavit certifying copy true accurate certificate beyond question testimonial statement definition formal statement offered truth two matters copyist honesty copy accuracy prepared criminal prosecution framers era copyists affidavits accepted without hesitation american courts see percheman pet opinion marshall see also advisory committee note fed rule evid common law recognized procedure authenticating copies public records certificate wigmore evidence chadbourn rev courts admitted copyists affidavits criminal well civil trials see williams supra potter supra demonstrates framing generation contrast today consider confrontation clause require confrontation unconventional authors testimonial statements attempts explain away historical exception rule noting copyist authority narrowly circumscribed ante explain matters matter laboratory analysts authority also deemed narrowly circumscribed may excused testifying drawing fine distinctions squared avowed allegiance formalism determining whether witness authority narrowly circumscribed nothing crawford testimonial framework instead appears much closer rule ohio roberts statement admitted without testimony bears adequate indicia reliability internal quotation marks omitted keeping traditional understanding confrontation clause dowdell rejected challenge use certificates sworn clerk trial judge reporter stating defendants present trial certificates like copyist certificate met every requirement current definition testimonial rejecting defendants claim use certificates violated confrontation clause dowdell explained officials executed certificates witnesses accused asked testify facts concerning defendants guilt innocence indeed recently davis reaffirmed dowdell insisting every author testimonial statement appear confrontation pain excluding statement evidence violence framers sensible limited conception right confront witnesses defendant addition lacking support historical practice precedent decision also contrary authority extending least years six federal courts appeals almost years ago three state courts held state constitutions require analysts testify case much like one massachusetts judicial upheld admission certificate stating liquid seized defendant contained alcohol even though author certificate testify commonwealth slavski mass highest courts connecticut virginia reached similar conclusions constitutions state torello bracey commonwealth two state courts appear read state constitution require contrary result state clark mont laboratory drug report requires confrontation montana constitution nlike federal counterpart state birchfield see suggesting typical notice requirement lawful federal constitution crawford authority stronger still sixth amendment require analysts testify federal courts appeals consider issue agreed sherman scott minner kerby baker reardon manson kay see also manocchio moran autopsy report stating cause victim death state courts appeals armed forces accord see appendix infra cases cited appendixes concern doctors coroners calibrators rather laboratory analysts reasoning much eleven state courts upheld statutes reduce eliminate right confrontation requiring defendant take affirmative steps prior trial summon analyst see ibid statutes may invalidated reasoning decisions appear contrary today opinion see part infra remaining far endorsing view appear addressed question prior crawford weight authority proffers two cases intermediate state courts appeals ante practical level today ruling cause less disruption hearsay rules already required analysts testify require least sixteen state courts held evidentiary rules permit scientific test results calibration certificates observations medical personnel enter evidence without testimony see appendix infra federal courts appeals reached conclusion applying federal hearsay rule garnett per curiam gilbert per curiam ware see oates report prepared law enforcement admissible exceptions federal hearsay rule modern trend state courts away rule toward admission scientific test results without testimony perhaps recognized increasing reliability scientific testing see appendix infra citing cases three overruling limiting previous precedents adopted rule matter state law appears mere six courts continue interpret hearsay laws require analysts testify see ibid course courts grounded decisions state law rather constitution legislatures power abrogate courts interpretation costs shown outweigh benefits today strips authority carving minority view constitutional text state legislatures members authority shape rules evidence therefore errs relies great measure recent report national academy sciences ante discussing national research council national academies strengthening forensic science path forward prepublication copy report directed rather elected representatives congress state legislatures unlike members power competence determine whether scientific tests unreliable whether testimony proper solution problem rejects understanding extending across least years six federal courts appeals constitution require analysts testify analysis may introduced evidence authority rely speculation meaning word testimonial made two recent opinions said nothing scientific analysis scientific analysts iii attempt show sky fall today decision ante makes three arguments none withstands scrutiny unconvincing effort play threat today new rule disrupt even end criminal prosecutions professes hope defense counsel decline raise soon known objection ante bases expectation understanding defense attorneys surrender constitutional rights attorneys want antagonize judge jury wasting time ibid reasoning troubling least two levels first speculation rests apparent belief nation trial judges jurors unwilling accept zealous advocacy antagonize punish advocates adverse rulings ibid offers support stunning slur integrity nation courts commonplace defense request conclusion prosecution opening case directed verdict acquittal prosecution failed prove element crime even element technical rather obvious movement car interstate commerce case must dismissed today one thought judges angered defense making motions counsel sort obligation avoid troublesome prosecution done law requires prove case second even right expect trial judges feel antagonize objections vent anger punishing lawyer way authority support suggestion lawyer may shirk professional duties avoid judicial displeasure good reason cites authority suggestion contrary us least long understood defense counsel duty zealous advocate every client recognized bedrock principle competent criminal defense lawyer must put prosecution proof adversarial process protected sixth amendment requires accused acting role advocate anders california right effective assistance counsel thus right accused require prosecution case survive crucible meaningful adversarial testing true adversarial criminal trial conducted kind testing envisioned sixth amendment occurred process loses character confrontation adversaries constitutional guarantee violated cronic footnotes omitted see also aba model code professional responsibility canon aba compendium professional responsibility rules standards duty lawyer client legal system represent client zealously within bounds law footnotes omitted instant case demonstrates zealous defense counsel defend clients convict prosecution must prove substance cocaine new rule apparently analyst testimony suffices prove fact course also large universe crimes ranging homicide robbery scientific evidence necessary prove element cases scientific evidence necessary prove element crime rule requires prosecution call person identified analyst requirement become new prosecutorial duty linked proving state case beyond reasonable doubt unless ashamed new rule inexplicable seeks limit damage hoping defense counsel derelict duty insist prosecution prove case simply way adversarial system works event hope sure prove unfounded surmises unlikely defense counsel insist live testimony whose effect merely highlight rather cast doubt upon forensic analysis ante optimistic prediction misunderstands criminal trials work defense plan challenge test result highlight ing result testimony harm defense supposes analyst reach courtroom time testify however objection grants defense great windfall analyst work come evidence given prospect windfall may secure acquittal zealous advocates pledge prior trial raise objection defense counsel accept risk jury may hear analyst live testimony exchange chance analyst fails appear government case collapses defense substance harmless instead accused possess testimony technician formalism detract defense case support unlikely hope relies brief law professors amici curiae reports nearly convictions obtained via guilty plea thus require testimony laboratory analysts ante consider holding alter statistics defense bar today gains formidable power require government transport analyst courtroom time trial zealous counsel insist upon concessions plea bargain lenient sentence exchange relinquishing remarkable power reassurance sky fall today decision ante notes many enacted statutes require defendant assert confrontation clause right prior trial else forfeit silence ibid implies shifting burden defendant take affirmative steps produce analyst statutes reduce burden prosecution holds statutes valid view shift burden whatever ante conclusion welcome premise appears flawed even calls simplest form statutes impose requirements defendant must make formal demand proper service well trial statutes impose requirements instance requiring defense counsel subpoena analyst show good cause demanding analyst presence even affirm oath intent analyst see generally metzger cheating constitution vand rev future case may find onerous statutes violate confrontation clause impos burden defendant bring adverse witnesses ante statutes thus provide little reassurance case impose meaningless formalism across board effort support assessment today decision cause disruption cites decisions asserts already adopted constitutional rule announce today ante assures us evidence criminal justice system ground halt se ante inspection citations prove far less reassuring promised seven decided courts considered bound crawford cases thus offer support assertion state jurists independently adopted interpretation matter state law quite contrary debate seven courts far intended crawford sweep see state belvin wells concurring part dissenting part believe majority extended crawford davis decisions beyond intended reach citations omitted correct courts overbroad reading crawford endorse seven jurisdictions might well change position moreover seven courts adopted position wake crawford decisions quite recent yet subject widespread adverse results formalism mandates today citations also fail reassure different reason five citations including cases come reduced confrontation right four enacted statute requiring defendant give early notice intent confront analyst see part supra colorado people rev stat defendant must give notice days trial georgia compare miller state striking earlier notice statute requiring defendant show good cause prior trial call analyst code ann defendant must give notice days trial illinois people mcclanahan comp ch defendant must give notice within days receipt report oregon state birchfield suggesting typical notice requirement lawful see rev stat defendant must give notice days trial fifth state mississippi excuses prosecution producing analyst conducted test long produces someone compare barnette state miss cited mcgowen state miss sixth amendment require confrontation particular analyst conducted test possible neither mississippi practice statutes reconciled holding see part supra disruption caused today decision yet take place laboratory analysts conduct routine scientific tests kind conventional witnesses confrontation clause refers judgment appeals massachusetts affirmed appendixes following authorities held prior crawford confrontation clause require confrontation analyst conducted routine scientific test vietor mil app laboratory drug report state cosgrove howard baber state test commonwealth harvard mass laboratory drug report derosa first judicial dist state ex rel carson city per curiam test state coombs test state fischer laboratory drug report commonwealth carter laboratory drug report applying law state tavares laboratory analysis victim bodily fluid state hutto fingerprint state best app state christian app test state sosa app laboratory drug report following authorities held prior crawford confrontation clause require confrontation results autopsy hospital reports describing victim injuries people clark cal autopsy report henson state del treating physician report victim injuries medical conclusions redacted collins state ind autopsy report state wilburn la hospital record stating victim cause death citing state parker la ann coroner written inquest stating cause death state garlick md blood test showing presence illegal drug people kirtdoll treating physician report describing victim injuries state spikes ohio treating physician report defendant injuries state kreck laboratory report stating murder victim blood contained poison following authorities held prior crawford confrontation clause require confrontation certificates stating instruments good working order time test state ing haw certificate police car speedometer working order accord state ofa haw app per curiam certificate breathalyzer working order state ruiz app state dilliner state huggins alaska app state conway app following decisions reduced right confront results scientific tests upholding statutes require defendant take affirmative steps prior trial summon analyst johnson state ark defendant must give notice days trial state davison iowa iowa code ann state crow defendant must give notice within days receiving result must show result challenged trial state christianson defendant must give notice days trial state miller defendant must give notice within days receiving result must show result challenged trial state smith defendant must subpoena analyst state hancock see state birchfield reducing defendant burden state hughes defendant must subpoena analyst magruder commonwealth defendant must call person performing analysis state expense people app defendant must give notice state analyst days trial state matthews la app defendant must give notice five days trial following authorities hold state rules evidence permit results routine scientific tests admitted evidence without confrontation state torres haw ray victim body state davis iowa laboratory analysis victim bodily fluid state taylor mo microscopic comparison wood chip retrieved defendant clothing wood crime scene state snider mont laboratory drug report people porter app div report robertson commonwealth laboratory analysis victim bodily fluid kreck laboratory report stating murder victim blood contained poison following authorities hold state rules evidence permit autopsy hospital reports admitted evidence without confrontation people williams cal app autopsy report henson supra report physician examined victim wilburn hospital record stating victim cause death garlick blood test state reddick per curiam autopsy report stating factual findings opinions medical examiner people nisonoff following authorities hold state rules evidence permit certificates state scientific instruments good working order admitted evidence without confrontation wester state alaska certificate stating breathalyzer machine working order best state del certificate breathalyzer working order state rines manufacturer certificate stating test kit working order admissible exception mcilwain state miss taking minority view following authorities interpret state hearsay rules require confrontation results routine scientific tests observations medical personnel state idaho laboratory drug report inadmissible state hearsay rule spears state miss nurse observation victim inadmissible state hearsay rule constitution state james chemical analysis victim bodily fluid inadmissible state hearsay rule cole state tex crim app laboratory drug report inadmissible state hearsay rule state workman ut state williams wi see confrontation violation expert testified based test results prepared analyst summary include decisions find test results inadmissible state failed lay proper foundation rather endorse minority view cases merely reaffirm government burden prove authenticity evidence applicability exception state hearsay rule see state fisher iowa laboratory test victim bodily fluid inadmissible exception prosecution show kept regular course business state foster foundation laid introduction test prosecution show test conducted usual course business moon state md blood alcohol test inadmissible insufficient foundational evidence test conducted reliable manner cf davis laboratory test victim bodily fluid admitted exception state hearsay rule garlick laboratory test defendant blood falls within firmly rooted hearsay exception three espoused minority view appear changed course degree people lewis hospital record describing victim injuries inadmissible hearsay overruled kirtdoll noting year long history lewis never relied upon actually deny admission evidence business entry record criminal case see people mcdaniel per curiam police laboratory report inadmissible hearsay state tims ohio hospital record describing victim injuries inadmissible hearsay overruled spikes ohio state henderson laboratory drug report inadmissible absent confrontation abrogated statute recognized hughes statute permitted defendant subpoena analyst prepared blood alcohol report defendant waived right confront analyst footnotes contrary dissent suggestion post opinion kennedy hold case anyone whose testimony may relevant establishing chain custody authenticity sample accuracy testing device must appear person part prosecution case dissent correct obligation prosecution establish chain custody post mean everyone laid hands evidence must called stated dissent quotation lott gaps chain custody normally go weight evidence rather admissibility prosecution decide steps chain custody crucial require evidence testimony introduced must defendant objects introduced live additionally documents prepared regular course equipment maintenance may well qualify nontestimonial records see infra exception single case relied longstanding massachusetts precedent see commonwealth harvard mass others simply irrelevant since involved medical reports created treatment purposes testimonial decision today see baber state state garlick md right confrontation may course waived including failure object offending evidence may adopt procedural rules governing exercise objections see infra respondent cites decision gray maryland case indeed distinguish evidence incriminating face evidence bec omes incriminating linked evidence introduced later trial internal quotation marks omitted entirely different purpose determining nontestifying codefendant confession redacted remove mention defendant admitted evidence instruction jury consider confession evidence nonconfessor premise case without limiting instruction even admission redacted confession containing evidence latter sort violated defendant sixth amendment rights see though surely always forensic analyses autopsies breathalyzer tests repeated specimens used analyses often lost degraded contrary dissent suggestion post rel great measure deficiencies analysts shown report resolve constitutional question presented case analysts swore affidavits provided testimony therefore subject confrontation reach conclusion analysts always possessed scientific acumen mme curie veracity mother theresa discuss report refute suggestion category evidence uniquely reliable analysts empty formalism early cases likewise involve records prepared administration entity affairs use litigation see king rhodes leach eng admitting evidence ship king martin camp eng vestry book king aickles leach eng prison logbook dissent reliance decision dowdell see post opinion kennedy similarly misplaced opinion stated dowdell noted davis washington judge clerk made statements issue dowdell witnesses purposes confrontation clause statements concerned conduct defendants prior trial facts regarding defendants guilt innocence earlier line century cases also supports notion forensic analysts certificates admitted evidence public business records see commonwealth waite mass shivers newton sup state campbell three cases defendants prosecuted selling adulterated milk objected admission state chemists certificates analysis three cases objection defeated chemist testified live trial prosecution came forward live witnesses three cases suggests doubt admissibility certificates without opportunity dissent provides calculations regarding number appearances result today ruling post numbers rely various unfounded assumptions prosecution place evidence drug analysis certificate every case defendant never stipulate nature controlled substance even stipulation made every defendant object evidence otherwise demand appearance analyst assumptions wildly unrealistic discussed figures produce reflect fact occurred jurisdictions already adopted rule announce today state johnson people state birchfield state march mo thomas state caulfield las vegas walsh people mcclanahan miller state barnette state miss dissent notes post state statutes requir defense counsel subpoena analyst show good cause demanding analyst presence even affirm oath intent analyst occasion today pass constitutionality every variety statute commonly given label suffices say referred simplest form statutes supra constitutional provisions place number require confrontation without indication dire consequences predicted dissent materialized contrary dissent suggestion post cast aspersions trial judges trust antagonized requests analysts appearance trial expect defense attorneys refrain zealous representation clients simply expect defense attorneys believe clients interests furthered objections analysts reports whose conclusions counsel intention challenging course express view whether error harmless massachusetts appeals reach question decline address first instance cf coy iowa connection determination however disagree dissent contention post analyst testimony suffices prove fact substance cocaine today opinion insisting upon retention confrontation requirement way alters type evidence including circumstantial evidence sufficient sustain conviction