I wanted to share with you all the Petition for Certiorari in the case of George William Yohe II v. Commonwealth of Pennsylvania.
It was just filed with the United States Supreme Court moments ago.
As you will recall, this is the case where the NMS labs Henry-Ford-Assembly-line-like forensic science method was argued to be violative of the 6th Amendment. The trial court agreed and vacated the conviction after a Post-Sentencing Motion was filed. The Superior Court reversed the trial court. SCOPA affirmed the Superior Court decision.
Our Question Presented is as follows:
The United States Constitution’s Sixth Amendment guarantees criminal defendants the right to a fair trial – including the right to confront “witnesses” against them. Here, the government introduced a forensic toxicology report via a “witness” who reviewed and confirmed laboratory analysts’ work – but did not perform, observe, or have any personal connection with the analysis. Does a “witness” who reviews and confirms others’ work violate the Confrontation Clause? In other words, who is the “witness” against the defendant?
I want to point out the very hard work by Attorney TC Tanski (our appellate specialist), Attorney Shawn Dorward (who was the trial attorney) as well Richard Roberts (one of our law student interns). We also would be remiss if we did not publicly thank George Yohe II who has fought this case tooth and nail from the beginning. Without people willing to assert their rights, they begin to fade and then evaporate. George is a good man for championing this cause.
You can download the Petition here: SCOTUS Cert Petition- Yohe II v. Pennsylvania