SUPREME COURT ISSUES DECISION REGARDING USE OF AFFIDAVITS

The United States Supreme Court has issued a decision holding that prosecutors may not prove elements of a case by way of affidavits. In Melendez-Diaz v. Mass., the Court held that a Defendant's Sixth Amendment rights were violated when a prosecutor used an affidavit from the Massachusetts police force to show the results of whether a substance tested positive for narcotics. The Court held that the Defendant has a right to cross-examine the technician testing the substances and, accordingly, the technician was required to appear at the hearing rather than simply providing an affidavit.

This case is likely to have an impact in Clark County as the Clark County District Attorney often attempts to prove elements of cases by way of affidavit.