Confrontation Clause Still in Effect in Texas
Recently The Court of Criminal Appeals affirmed The Court of Appeals in Burch v. State, 401 S.W.3d 634(Tex. Crim.App.2013) reversed and remanded a new trial in a possession of cocaine case. The State did not call the actual analyst who tested the drug to testify at trial. Instead they called the reviewing analyst who did not have personal knowledge of the facts. The proper objections were made by defense counsel and the case was reversed.
Prosecutors can no longer rely on lab supervisors to come in and testify to other employees reports. Objections should always be made if the state attempts to call co-workers or supervisors to testify in place of an employee who no longer available was a witness.