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Justices Look to California for Lab Report Rule

Publication Date: 
November 11, 2008
Daily Journal
Lawrence Hurley

Professor Jeffrey L. Fisher is quoted and the Stanford Supreme Court Litigation Clinic is mentioned in the Daily Journal in an article about the U.S. Supreme Court case Melendez-Diaz v. Massachusetts:

Members of the U.S. Supreme Court hinted Monday they may look to California law to resolve a dispute over the right of defendants to cross-examine laboratory technicians.


Chief Justice John G. Roberts, Jr. also touched upon the California rule in his first question, in which he asked Melendez Diaz's attorney, Jeffrey Fisher, of Stanford University's Supreme Court Litigation Clinic, whether he would be opposed to a supervisor testifying on behalf of the technician.

Fisher said he would not be, on the grounds that "there's no substantive right" for the technician to testify.