ND Bar Practice Questions - North Dakota Bar Examination Exam

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In a federal criminal trial, the prosecution offers a lab analyst's written report stating the seized substance was cocaine, without calling the analyst. The defendant objects. Under the Confrontation Clause and Melendez-Diaz v. Massachusetts, the report is:

Admissible as a business record Inadmissible unless the analyst testifies and is subject to cross-examination, because forensic reports are testimonial Admissible because lab reports are inherently reliable Admissible if the defendant had notice of the report

Correct Answer:

Inadmissible unless the analyst testifies and is subject to cross-examination, because forensic reports are testimonial

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