United States First Circuit
Likely v. Ruane, 10-1262
In a petition for habeas relief, judgment by district court denying petition is affirmed because although Melendez-Diaz v. Massachusetts provides that an affidavit by chemist admitted into evidence is testimonial statement and therefore subject to the Sixth Amendment, the unavailability of analyst for examination and confrontation during trial of petitioner for distributing cocaine does not provide a basis for habeas relief, since Melendez-Diaz was decided after state conviction became final.
Appellate Information
- Decided 04/25/2011
- Published 04/25/2011
Judges
- LYNCH
Court
- United States First Circuit