Supreme Court of Colorado

Oscar Hinojos-Mendoza v. the People of the State of Colorado

September 10, 2007169 P.3d 662

Summary

The court held that the drug-analysis laboratory report was testimonial hearsay because it was prepared by police direction for use in a criminal prosecution. It nevertheless upheld admission of the report because defense counsel waived the defendant's confrontation right by failing to make the statutory request for the technician's testimony, and it upheld the statute both facially and as applied. Justice MARTINEZ, dissenting, agreed that the report was testimonial but would have required a voluntary, knowing, and intentional waiver before permitting its admission.