Appeals court asks state’s high court to clarify law on admission of toxicology reports

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The District 2 Court of Appeals has asked the Wisconsin Supreme Court to clarify the law involving the admission of toxicology reports and related testimony.

The appeals court certified the case to the high court on Feb. 10.

The case stems from a Milwaukee man’s conviction in Waukesha County Circuit Court for first-degree reckless homicide for delivering heroin in the death of S.L. The man, Rozerick Mattox, was convicted in October 2013 and sentenced to 10 years of imprisonment and 10 years of extended supervision. He appealed the conviction in January.

At issue is whether the toxicology report identifying the drugs found in S.L.’s system should have been introduced at trial although the medical examiner or employee from the lab who compiled the report neither testified nor was made available for cross-examination.

The defendant alleges the introduction of the report violated his Sixth Amendment right to face his accuser under the confrontation clause.

The appeals court noted that two court of appeals cases with facts similar to those of Mattox’s have been heard by the court and that they conflict with decision of the U.S. Supreme Court and the state Supreme Court. However, neither case was appealed.

“Adding yet a third court of appeals decision on facts similar to (those cases) would do little to clarify the law regarding the admission of toxicology reports and related testimony; however, a supreme court decision could lay this issue to rest for the bench and bar,” the court wrote. Follow @erikastrebel