City of Reno v. Howard

At issue in this case was Nev. Rev. Stat. 50.315, which provides that the declaration of a person who collects a criminal defendant’s blood for evidentiary testing may be admitted at trial. The City of Reno charged Respondent with misdemeanor driving under the influence. At a bench trial, the City sought to introduce into evidence the declaration of a phlebotomist who collected Respondent’s blood for evidentiary testing after Respondent’s arrest. Respondent objected, and the municipal court excluded the declaration on Confrontation Clause grounds. The district court denied the City’s subsequent petition for a writ of mandamus, determining that admitting the phlebotomist’s declaration into evidence over Respondent’s objection would have violated Respondent’s right to confrontation. The Supreme Court affirmed, holding (1) the U.S. Supreme Court’s decision in Melendez-Diaz v. Massachusetts requires the Court to overrule its prior decision in City of Las Vegas v. Walsh, where it held that Nev. Rev. Stat. 50.315(6) adequately protects the rights provided by the Confrontation Clause; and (2) section 50.315(6)’s requirement that a defendant establish a substantial and bona fide dispute regarding the facts in a declaration made and offered as evidence pursuant to section 50.315(4) impermissibly burdens the right to confrontation. View "City of Reno v. Howard" on Justia Law