Supreme Court of Delaware

Larry Martin, Below v. State of Delaware, Below

February 4, 20132013 Del. LEXIS 53

Summary

The court held that admitting a blood-analysis report through a laboratory supervisor who neither performed nor observed the testing violated the defendant's confrontation rights. The absent testing analyst's testimonial representations were introduced for their truth through the supervisor's testimony and supported the principal evidence of guilt. Because the analyst was unavailable neither shown nor previously subject to cross-examination, and the error was not harmless, the judgment was reversed and remanded.