United States Ninth Circuit

A person on supervised release had a right to cross-examine the laboratory technician who tested a urine sample containing an illegal drug, where: 1) a test report itself stated the sample was "dilute"; 2) the evidence presented showed the person on supervised release did not have an opportunity herself to dilute nor add a substance to the sample; and 3) the result of the urinalysis was critical to support a finding that the person on supervised release had possessed or used illegal drugs. The circuit court emphasizes that it does not hold that a releasee always has a right to cross-examine the technician who tested a urine sample.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• BEA, Circuit Judge:, Before:  JOHN R. GIBSON,MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Peter C. Wolf, Federal Public Defender, Matthew C. Winter, Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant Janice Perez., Edward H. Kubo, Jr., United States Attorney, Tracy A. Hino, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee United States of America.