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THOMAS v. U.S.

No. 03-CF-1125.

914 A.2d 1 (2006)

Michael THOMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 28, 2006.

Attorney(s) appearing for the Case

Edward DeV. Bunn for appellant.

Elizabeth H. Danello, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney at the time the initial brief was filed, Kenneth L. Wainstein, United States Attorney at the time the supplemental brief was filed, John R. Fisher, Assistant United States Attorney at the time the briefs were filed, and Roy W. McLeese III, Thomas J. Tourish, Jr., and David B. Goodhand, Assistant United States Attorneys, were on the brief, for appellee.

Andrea Roth, with whom James Klein and Samia Fam were on the brief, on behalf of the Public Defender Service as amicus curiae.

Before REID and GLICKMAN, Associate Judges, and TERRY, Senior Judge.

GLICKMAN, Associate Judge:

The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right to be confronted with the witnesses against him. The Confrontation Clause makes no exception for expert witnesses. In this appeal from a conviction for distributing cocaine, we hold that the Clause was violated when the prosecution introduced a Drug Enforcement Administration chemist's written expert testimony against appellant without calling...

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