Smith v. Arizona

Supreme Court of the United States · 2024 · Evidence
EvidenceConfrontation ClauseForensic evidenceExpert testimonyHearsaySixth AmendmentConfrontation Clausetestimonial hearsay

Facts

Arizona officers found Smith in a shed with suspected drugs and related items. DPS analyst Elizabeth Rast tested the seized items, prepared notes and a signed report, and concluded that certain items contained usable quantities of methamphetamine, marijuana, and cannabis. Before trial, Rast left the lab, and the State called analyst Greggory Longoni instead to provide an 'independent opinion' based on his review of Rast's records. At trial, Longoni described what Rast's records said about the tests, procedures, and results, and then gave matching opinions identifying the substances.

Issue

Whether the Confrontation Clause permits the State to use a substitute expert to convey an absent forensic analyst's statements as the basis for the substitute's opinion on the theory that those statements are not admitted for their truth. The Court did not resolve whether the specific statements here were testimonial.

Rule

For Confrontation Clause purposes, when an expert conveys an absent analyst's out-of-court statements in support of the expert's opinion, and those statements provide support only if true, the statements are admitted for their truth. A state evidence rule labeling such material as basis evidence does not control the constitutional inquiry; courts must independently determine whether the statements were used for their truth.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a criminal trial in Phoenix, the prosecution calls chemist Nora Velez to identify a white powder seized from Devin Cole. Nora did not test the powder herself, but she tells the jury that absent analyst Owen Park's notes show he ran gas chromatography, used a clean control sample, obtained a positive result for heroin, and followed lab protocol; Nora then gives the same identification opinion.

Assuming Owen's statements are testimonial, does the Sixth Amendment permit this testimony on the theory that Owen's statements were offered only as the basis for Nora's opinion?

Explanation. The majority held that when an expert conveys an absent analyst's statements to support the expert's opinion, and those statements help only if true, they come in for their truth. A state-law or Rule 703-style label calling them basis evidence does not control the constitutional analysis. Here, Nora's opinion has force only if Owen really performed the tests, followed protocol, and got the reported results. (Derived from Smith v. Arizona (n.d.).)