David Lee Cropper, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that Colorado's forensic-report procedure was constitutional as applied because discovery of the shoe-print report gave the defense sufficient notice to request the technician's live testimony, and counsel's failure to make the required request waived the defendant's confrontation right. It therefore affirmed the court of appeals' decision upholding admission of the report despite the technician's unavailability. Justice MARTINEZ, dissenting, would have found no valid waiver because counsel lacked actual notice that the prosecution intended to introduce the report without live testimony.