Michael J. Nichols

Current Articles | Archives | Search

Tuesday, June 26, 2012

MICHIGAN DRUNK DRIVING ATTORNEY MIKE NICHOLS OF EAST LANSING REACTS TO THE SUPREME COURT DECISION THIS WEEK ON THE CONSTITUTIONAL RIGHTS TO HAVE THE LAB ANALYST TESTIFY – “MEDIA HEADLINES ARE INACCURATE AND MISLEADING”

By Michael Nichols
Categories: Michael J. Nichols

The Supreme Court issued an opinion last week that prompted many people to jump on the result and proclaim key constitutional rights dead. “The headlines that stated that lab analysts do not need to come to court to introduce the results of an analysis of someone’s blood, urine or DNA are just not true,” says East Lansing attorney Mike Nichols. Nichols is an associate member of the American Academy of Forensic Science Jurisprudence Section, an adjunct professor of DUI law and practice at Thomas M. Cooley Law School, author of the OWI Handbook by West Publishing and co-author of a chapter on “DUI Mathematics” for West Publishing as well. The case is Williams v Illinois. It held that an expert witness could refer to a result of a DNA test by another lab analyst, so long as the test result was NOT admitted as evidence.

Nichols added: “Professor Jeff Fisher, who argued the case for the accused citizen, wrote a post on ‘SCOTUSBLOG’ to clarify the ruling. All it means is that the 4 dissenting justices from the revolutionary confrontation cases that guarantee the right to require the government to put all witnesses on the stand stood firm and Justice Clarence Thomas would not join them other than to agree with the result in the case.” Professor Fisher’s blogpost is here: http://m.scotusblog.com/2012/06/the-holdings-and-implications-of-williams-v-illinois/?wpmp_switcher=mobile

Nichols also said that Michigan’s unique rules make it impossible for the Williams case to even affect evidentiary procedures here. “Under our rule of evidence, 703, the facts or data upon which the expert relies must be in evidence,” he said. Nichols added, “therefore, if the lab result is going to be referred to by a witness on the stand, it must be admitted and if it’s going to be admitted, the witness who conducted the analysis must be called to testify.”

For the experts in constitutional law, DUI and drugs as well as the science behind them, call the Nichols law firm at 517.432.9000.