STATE v. LUI

No. 84045-8.

315 P.3d 493 (2014)

179 Wn.2d 457

STATE of Washington, Respondent, v. Sione P. LUI, Petitioner.

Supreme Court of Washington, En Banc.

January 2, 2014.


Attorney(s) appearing for the Case

David B. Zuckerman , Attorney at Law, Seattle, WA, for Petitioner.

Deborah A. Dwyer , King Co Pros Ofc/Appellate Unit, Prosecuting Atty King County, King Co Pros/App Unit Supervisor, Seattle, WA, for Respondent.

Amanda Elizabeth Lee , Law Office of Amanda Lee, PLLC, Seattle, WA, Sheryl Gordon McCloud , Washington Supreme Court, Olympia, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.


WIGGINS, J.

¶ 1 This case presents the question of when the confrontation clause requires testimony from lab analysts who conduct forensic tests on evidence. While the United States Supreme Court has grappled with this issue on multiple occasions, a majority of the Court has not adopted a single theory or test. Accordingly, our decision follows the results of recent Supreme Court decisions and proposes a test for expert witnesses that does not conflict...

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