Divided Wisconsin Supreme Court OK’s toxicology report

Divided Wisconsin Supreme Court OK’s toxicology report

A divided Wisconsin Supreme Court has resolved a question over whether results of certain toxicology reports can be admitted at trial without having the author of the report testify.

The court ruled 5-2 on Tuesday that toxicology reports that are part of a routine autopsy to determine the cause of death can be admitted as evidence without having the author testify.

The ruling comes after state appeals courts split over whether such reports could be admitted.

Tuesday’s ruling came in the case of Rozerick Mattox, who was convicted of first-degree homicide for delivering heroin that caused the death of Samuel E. Lueck in 2013 in Waukesha.

Mattox argued at trial that admitting the toxicology report in his homicide trial violated his constitutional right to confront the doctor who wrote it.

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