In relation thereto, have you considered the potential impact in your, or other, state(s) that utilize similar drug analysis certificates or have DNA or other scientific testing results allowed into evidence without live testimony from the expert who conducted the actual test ? If so, I suggest you join hundreds of Massachusetts lawyers who are brainstorming this decision not only for their own clients cases but for others nationwide.

The prospective application of Melendez-Diaz has multi-million (or billion) dollar impact to fund salaries for new government drug analysis employees, but it pales in the face of any state decision (possibly under the stronger protections from the face to face confrontation clause of Article 12 of the Massachusetts Declaration of Rights)granting retroactive application of Melendez-Diaz which would open the doors of Walpole State Prison, its’ supermax Control Unit, other prisons and county jails releasing one-third to one-half of the prisoners saving hundreds of millions in state costs while threatening billion dollar crime waves.

Unless a new emergency state budget adds a billion dollars to smooth out this mountainous bump in criminal injustice system highway, Melendez-Diaz is definitely a landmark decision shaking the very core of the state criminal trial system, further backlogging ten to twelve month drug analysis delays and most likely resulting in prosecutors deciding not to indict or prosecute any marijuanna or other lesser drug offenses in the Commonwealth of Taxachusetts

I don’t think it’s exaggerating to say that these cases are the most significant line of cases that could (possibly) switch with Sotomayor replacing Souter.