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.