Supreme Court Continues to Expand the Sixth Amendment Confrontation Clause: Bullcoming v. New Mexico

This article provides an overview of Bullcoming v. New Mexico, a case holding that the Confrontation Clause prohibits the prosecution from introducing a forensic laboratory report through the testimony of an analyst who did not personally perform or observe the testing. The authors discuss the impact of the case on domestic violence prosecutions to the extent that it expands defendants’ rights under the Confrontation Clause in the area of required live testimony and appears to limit the prosecution’s ability to present physical evidence when laboratory analysis is involved.