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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA v. CLARK DARDEN Defendant.

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Case No. 09-602M

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MEMORANDUM OPINION AND ORDER OF COURT In the case of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2537 (2009), the United States Supreme Court held that affidavits prepared by state laboratory analysts reporting the results of the forensic analysis on controlled substances are testimonial and, thus, not admissible at trial absent a showing that the analysts were unavailable to testify at trial and that the defendant had a prior opportunity to cross-examine them. In the instant case, the Government seeks to admit into evidence the results of the forensic analysis of Defendant's blood through the testimony of a supervising toxicologist, but without the testimony of the lab technicians who actually conducted the tests on the blood. The issue for the Court is whether or not the testimony is admissible in light of the holding in Melendez-Diaz. Defendant, Clark Darden, was charged with unsafe operation of a vehicle in violation of
36 C.F.R.

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Maryland Law