This fall’s Boston Bar Journal has an excellent overview of the Melendez-Diaz decision it’s legal origins, and practical implications going forward. The author discusses prior cases such as Crawford v. Washington, and more recent cases (Tabaka v. District of Colombia and Grant v. Commonwealth of Virginia) that expand the scope of the Melendez-Diaz decision.
Also mentioned are practical legislate responses being adopted. Other states such as Massachusetts are looking to adopt the evidence rules of notice and demand that started in Virginia. A notice and demand procedure provides a framework for prosecutors to notify defendants that documentary forensic evidence will be used, and the defense attorneys can formally request the present of a forensic expert witness to review the findings and be challenged in court. This system gives the prosecution time to actually arrange for the witness to appear in court as required.
Overall, a very thorough and recommended read.
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