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The two sides differed sharply about the practical consequences of requiring testimony from crime laboratory analysts.
In an opinion concurring in Justice Alito's plurality opinion, Justice Breyer said he continued to believe that the Melendez-Diaz and Bullcoming decisions were wrong and that requiring testimony from lab analysts could create enormous logistical problems.
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Most drug prosecutions do not require testimony from analysts.
The Supreme Court was also trying to see into the future last Monday, at arguments over when and how to require testimony from crime lab analysts.
A homicide case, for example, normally requires testimony from two male witnesses; if only one is available, two female witnesses may be substituted for the other.
The alternative, he said, was "a sea change in normal criminal law practices" that could require testimony from 10 analysts in a single case, pushing "the system in the direction of relying on less reliable eyewitness testimony rather than more reliable technical laboratory DNA-type evidence".
Steve Strunsky (NYT) CALENDAR Monday HEARING ON SIGHTSEEING BUSES -- The City Council plans to take testimony from city officials and private companies on a proposed change in city law requiring sightseeing companies to ensure that their buses comply with emissions standards.
I want testimony from someone who can speak with authority".
He said his inquiry will be requiring further testimony from GCHQ's director, Sir Iain Lobban, the director of MI5, Andrew Parker, and MI6 chief Sir John Sawers.
Requiring live testimony from analysts, she added, "costs money, but that's the cost of our freedom and our form of government".
Normally, the courts require direct testimony from witnesses and allow it to be related by a second party -- like Father Towle -- only in exceptional circumstances.
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CEO of Professional Science Editing for Scientists @ prosciediting.com