Last term, the United States Supreme Court decided Smith v. Arizona, which centered on whether the Sixth Amendment’s Confrontation Clause is violated when an expert witness testifies based on another analyst’s work without that analyst being available for cross-examination. Smith held that when an expert conveys an absent lab analyst’s statements to support their opinion, and the statements provide that support only if true, then the statements come into evidence for their truth and are thus hearsay. It is critical for prosecutors to be aware of this significant opinion and its impact on the presentation of forensic evidence. This training will cover the evolution of confrontation rights in the context of forensic reports and what Smith means going forward.

Eligible for 1 Hour of General MCLE Credit in CA.

Speakers

Phil Dixon primarily works with public defenders and defense lawyers.

He joined the University of North Carolina School of Government in 2017. Previously, he worked as a defense lawyer in eastern North Carolina for over eight years. During that time, he represented criminal defendants and juveniles charged with all types of crimes at the trial level.

In 2023, he was named director of the School’s Public Defense Education group. In collaboration with Indigent Defense Services, he works to provide training and consultation to defenders and other court system actors, as well as to research and write on criminal law and related issues.

He earned a bachelor’s degree from UNC-Chapel Hill and law degree with highest honors from North Carolina Central University School of Law.

Chris Gauger is currently an Assistant District Attorney with the San Francisco District Attorney’s Office in the unit that handles research, motions, writs, training, and special projects. He presents a monthly case law summaries for his office. He serves on several office committees including those for training, Brady, 1172.6 recalls, and the first-response prosecutorial misconduct team. He has argued in the state Court of Appeal (with several published opinions) and in the Supreme Court (2 published opinions). He has appeared in State Bar Court (trial court and Review Department) resulting in a published decision. He is the co-author of Chapter 49 on Immunity in CEB’s California Criminal Law Procedure and Practice. Prior to that, Mr. Gauger also spent many years in the Research unit at the San Francisco Public Defender’s Office. Having seen error, contempt, and general bad conduct on both sides of the aisle in over 40 years of criminal litigation, Mr. Gauger offers some tips and triggers that may prove useful in keeping you on your goal of a just verdict.