Donald Bullcoming v. New Mexico — Kennedy, J., Dissenting

Summary

Justice Kennedy dissents, arguing the Court wrongly extends Melendez-Diaz v. Massachusetts to bar a lab report when a laboratory employee who testifies to the procedures and processes, though not the certifying analyst, appears for cross-examination. He concludes the decision renders confrontation requirements formalistic and disrupts criminal proceedings. Justice Sotomayor concurred in part.