David Lee Cropper, Petitioner v. the People of the State of Colorado, Respondent — Martinez, J., Dissenting

Summary

Justice Martinez dissented from the majority's conclusion that defense counsel's failure to comply with the statutory procedure constituted a valid waiver of the defendant's confrontation right. The dissent reasoned that the statute was unconstitutional as applied because the prosecution did not provide actual pretrial notice that it would introduce the laboratory report without the analyst's live testimony, and counsel's inaction therefore was not an informed waiver. Chief Justice Bender joined the dissent.