People v. Holmes

Defendant was found guilty of unlawful possession of cannabis by a driver and criminal damages to property and was sentenced to 12 months of court supervision for each charge. On appeal, defendant argued that the trial court erred when it admitted a forensic laboratory report and allowed an expert to testify to the conclusion of the report as a surrogate for the author, who had died. Defendant also argued, among other things, that the trial court abused its discretion when it failed to remedy the late disclosure of the surrogate expert witness. The appellate court affirmed in part and reversed in part, finding that the lab report was testimonial for the purposes of the confrontation clause analysis and that the use of a surrogate witness violated defendant’s rights under the confrontation clause. The court affirmed the conviction for criminal damages to property but reversed the conviction for unlawful possession and remanded for a new trial on that charge. (MULLEN, concurring and HUTCHINSON, concurring in part and dissenting in part)