Does the admission of evidence in a medical malpractice case violate a defendant's right to confront the witnesses against him under the Sixth Amendment?

California, United States of America


The following excerpt is from The People v. Hull, C062239, No. 06F09772 (Cal. App. 2010):

Defendant contends the admission of the evidence "regarding the drawing of [his] blood, the testing of that blood, and its testing positive for herpes," "in lieu of the testimonies of the individuals who had actually performed the relevant procedures," violated his right to confront the witnesses against him under the Sixth Amendment to the United States Constitution, as applied in Crawford v. Washington, supra, 541 U.S. at page 36 [158 L.Ed.2d at page 177] and, more recently, in Melendez-Diaz v. Massachusetts (2009) 557 U.S. _ [174 L.Ed.2d 314].4 We disagree.

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