Supreme Court of Connecticut
State v. Rodriguez
July 13, 2021
Summary
Justice Kahn concurs in the majority judgment and separately explains how the confrontation clause should apply to the distinct stages of DNA analysis. The concurrence reasons that preliminary sample-preparation work and machine-generated raw data are generally nontestimonial, while analysts who interpret raw data, call alleles, generate DNA profiles, or compare profiles make testimonial assertions subject to cross-examination. Because this is a concurrence, these proposed distinctions are not the court's binding holding.