Today’s SCOTUS order list included the denial of cert in Miranda v. United States, No. 11-1237.

The Supremes didn’t announce their opinion in Williams v. Illinois today.  The Williams watch will go on hiatus the rest of the week — no more opinions are expected to be announced.  (During today’s SCOTUSblog live blogging, Tom Goldstein commented at 10:09:  “I think Williams will win.”)  Thank goodness we have CAAF arguments tomorrow and Wednesday to distract us from obsessing over Williams.

2 Responses to “Supremes deny cert in Miranda”

  1. Zachary Spilman says:

    I listened to, but didn’t write about, the oral argument in Williams, primarily because it took the case in a direction that doesn’t make a lot of sense from a military urinalysis perspective. Williams involves a private laboratory operating under contract with the state to perform forensic analysis, but the state has forensic examiners who testify in court. A state-employed expert testified in Williams, relying on the results of the third-party laboratory, and the report itself was not admitted. This is factually distinct from military urinalysis cases, where the laboratory is operated by the DoD, a laboratory employee testifies, and the report is admitted. The oral argument created the possibility that SCOTUS will decide Williams in a way that is also legally distinct from military urinalysis cases (i.e., creating a rule that doesn’t include laboratory-employed experts). Williams may “win,” but I don’t think that will mean what many military practitioners (including me) initially thought it would mean.

    However, I do think that the granted issue in Williams really hits the nail on the head from the military appellate defense perspective:

    Whether a state rule of evidence allowing an expert witness to testify about the results of DNA testing performed by non-testifying analysts, where the defendant has no opportunity to confront the actual analysts, violates the Confrontation Clause.

  2. Dwight Sullivan says:

    In the AIr Force, experts not employed by the Air Force Drug Testing Laboratory have often been used to present that lab’s results to the members.