For these reasons, the test results are testimonial. See State v. March, 216 S.W.3d 663, 666 (Mo. 2007) (lab report identifying crack cocaine is testimonial); City of Las Vegas v. Walsh, 120 Nev. 392, 91 P.3d 591, 595 (2004) (affidavit of nurse who drew defendant's blood is testimonial); State v. Moss, 215 Ariz. 385, 160 P.3d 1143, 1149 (Ct.App. 2007) ("We conclude that the proposed testimony of [former laboratory director] reporting [defendant's] blood test results would constitute testimonial evidence within the meaning of Crawford."); People v. Rogers, 8 A.D.3d 888, 891-92, 780 N.Y.S.2d 393 (N.Y.App.Div. 2004) (admission of blood alcohol test violated Confrontation Clause); Johnson v. State, 929 So.2d 4, 7 (Fla.Dist.Ct.App. 2005) ("lab report prepared pursuant to police investigation and admitted to establish an element of a crime is testimonial hearsay"); State v. Crager, 164 Ohio App.3d 816, 844 N.E.2d 390, 397 (2005) (lab reports and DNA reports are testimonial if they "are pre-pared solely for prosecution"); State v. Miller, 208 Or.App. 424, 144 P.3d 1052, 1060 (2006) (lab report concluding urine contained methamphetamine is testimonial); cf. United States v. Oates, 560 F.2d 45, 80-81 (2d Cir. 1977) (concluding, pre- Crawford, that admitting chemist report against the defendant could violate his Confrontation Clause right).
November 29, 2007. Prior report: App., 215 Ariz. 385, 160 P.3d 1143. ORDERED: Petition for Review = DENIED.