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

Summary

The court held that the statutory procedure allowing admission of a forensic laboratory report without live testimony was constitutional as applied because the defendant received the report through discovery and counsel failed to timely request the technician's presence. Counsel's lack of knowledge of the statute did not prevent that failure from waiving the defendant's confrontation right, so the court affirmed. Justice MARTINEZ, dissenting, would have held that counsel's inaction was not a valid waiver absent actual notice that the prosecution intended to use the report without live testimony.