Litigator Libations

56 - Smith v. Arizona and Sentencing Cases

Darrel-the-DCAP Season 3 Episode 56

In this week's episode I discuss Smith v. Arizona, which is a case currently pending before the Supreme Court of the United States.  The Court heard argument on the case on January 10, 2024.  The issue is how the Confrontation Clause may limit expert witness testimony.  Specifically, in Smith an expert testified that the substances seized from Smith were marijuana and methamphetamine based on his review of another expert's report and notes.  The expert also testified as to the steps the non-testifying expert took, her process, and the results.  Was Smith denied confrontation?  We also hear from Major Ciara who gives a very helpful discussion on how to approach the sentencing case - even for those challenging clients.