Yesterday, the Court of Appeals of Maryland issued its decision in Derr v. State, 2011 WL 4483937, a case very similar to Williams. This is a very useful opinion, rejecting numerous theories offered by the State that we may see once again in Williams. The court rejects the theories that — the reports on which the in-court expert based her opinion were not statements because they were machine products; — they were not testimonial statements; http://www.blogger.com/img/blank.gif — there was no Confrontation Clause violation because the reports were not admitted (see the discussion in footnote 14, endorsing an argument made in this blog in a post titled Initial thoughts on Williams); — there was no Confrontation Clause violation because the in-court expert offered her own independent opinion; and — this result poses a serious problem with respect to old cases. Two judges dissented in part, relying heavily on the state supreme court decision in Williams.
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