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Interesting line-up of Justices. The dissenters were Kennedy, Roberts, Breyer and Alito.
1 posted on 06/24/2011 5:04:10 PM PDT by Lurking Libertarian
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To: Lurking Libertarian

http://www.suntimes.com/6156034-417/gun-advocate-calls-mccarthys-views-nutty-from-political-hack.html


2 posted on 06/24/2011 5:06:23 PM PDT by biggredd1
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To: Lurking Libertarian

Given the numerous problems with crime lab technicians faking evidence in recent years I’d say I agree with this decision since the veracity and capabilitiy of the lab techs has been at issue in numerous successful appellate actions.


3 posted on 06/24/2011 5:07:18 PM PDT by MeganC (NO WAR FOR OIL! ........except when a Democrat's in charge.)
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To: Lurking Libertarian

Maybe they can raise the blood level standard to what it used to be, to keep out all the frivolous trials.

They could also just go back to Texas rules, where either you were driving recklessly, or you weren’t, the drinking, or non drinking was not the point.


4 posted on 06/24/2011 5:09:18 PM PDT by ansel12 (America has close to India population of 1950s, India has 1,200,000,000 people now. Quality of Life?)
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To: Lurking Libertarian

There was a time when this might bother me, but with TSA, Obama becoming our little dictator, etc. I applaud this decision. I’m tired of secrets being maintained in the name of National Security. I no longer trust my government as it presently exists.


5 posted on 06/24/2011 5:12:51 PM PDT by RIghtwardHo
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To: Lurking Libertarian

just think what this does to the traffic cameras!

not just ANY representative from the traffic camera company will do. you have to have IN court during trial the actual exact person who looked at the picture and analized the image and issued the citation.

no more guilty via representative witness.


6 posted on 06/24/2011 5:13:38 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Lurking Libertarian

That’s a good ruling. I’m surprised.


7 posted on 06/24/2011 5:18:53 PM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Lurking Libertarian

It’s a burden for a state expert witness to testify? Bunk.

That’s like saying it’s a burden for cops to testify. Total bunk. Glad I am on the same side as Scalia on this one.


8 posted on 06/24/2011 5:22:13 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Lurking Libertarian; wmfights; xzins; blue-duncan; Forest Keeper

It appears as though the Supreme Court is ready to acknowledge that there is such a document as the Constitution and that its words still hold their original meaning.

There may be hope yet. Let’s see if they read the constitution before they rule on Obamacare.


9 posted on 06/24/2011 5:37:24 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Lurking Libertarian

This is going to mean the States will have to hire a bunch more lab technicians, as they will be spending a lot of their time in court.

I believe in my state it will mean lab technicians traveling great distances to go to court.


11 posted on 06/24/2011 5:39:38 PM PDT by Venturer
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To: Lurking Libertarian

In NY you get arrested for DWI and DWI % of BAC.

They will just find a way to convict you on the officers observations using cameras now.


13 posted on 06/24/2011 5:48:02 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Lurking Libertarian

Good decision. The tech must have the credentials and testify under penalty of perjury. The defense is free to question the tech’s expertise and the accuracy of the test employed.


15 posted on 06/24/2011 5:58:18 PM PDT by Myrddin
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To: Lurking Libertarian
Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Is the information provided testifying (being used against) him?
If so, then he must have the right to confront the evidence, as well as the person presenting it.

18 posted on 06/24/2011 6:16:31 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Lurking Libertarian

Good decision.


19 posted on 06/24/2011 6:19:15 PM PDT by GlockThe Vote (The Obama Adminstration: The flash mob who wonÂ’t leave.)
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To: Lurking Libertarian

“It is not clear, however, whether most defendants will demand that lab technicians testify at their trials.”
Of course they will. Every one of them. Then when the tech doesn’t show up the case will be dumped. I agree that the court made the right decision, but it will definitely choke the court system to death. Or the DUI part of the criminal justice system will be a charge of the past in states where a blood draw rather than a breath test is the norm.


25 posted on 06/24/2011 6:32:37 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Lurking Libertarian

Were they dissenting because it went too far or it did not go far enough?


30 posted on 06/24/2011 6:41:33 PM PDT by Raycpa
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To: Lurking Libertarian

What a bizarre mix making up the majority. This seems to be an obvious decision. Amazing to me that it was only 5-4.


33 posted on 06/24/2011 8:13:49 PM PDT by newzjunkey
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To: Lurking Libertarian

Sounds like the right decision to me. I’d be interested to read Roberts and Alito’s reasoning for their dissent. Off the top it sounds like the sort of thing they would’ve agreed with.


36 posted on 06/24/2011 8:46:37 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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>> Interesting line-up of Justices.

Indeed. Glad Scalia and Thomas were on board.

While I imagine most cited for drunk driving were probably drunk at the time, this automated process of charging and prosecuting drivers is way out of line.

No, I don’t have the answers...


37 posted on 06/24/2011 8:54:03 PM PDT by Gene Eric (*** Jesus ***)
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To: Lurking Libertarian

I agree with the decision. DUI cases are no different from any other criminal charge so the charges must be proven beyond a reasonable doubt. I’m sure there is a lot of incompetence in criminal labs.


40 posted on 06/25/2011 6:23:30 AM PDT by New Jersey Realist (Congress doesn't care a damn about "we the people")
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To: Lurking Libertarian

“unusual coalition”? Barf, conservative justices fight hard for WRITTEN constitutional rights, not made up ones.


42 posted on 06/27/2011 7:24:32 AM PDT by stan_sipple
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