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Rollo A. Barker, aka Rollo Narker v. New Jersey

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-1512-19 · judgment April 13, 2023


Certiorari denied · June 17, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does testimony from a lab analyst who did not perform the actual testing on Defendant’s seized (alleged) contraband that was analyzed by a State Police Laboratory, and further cannot remember whether or not she supervised the non-certified analyst who performed the actual testing on said contraband, violate the United States Constitution’s 6th Amendment confrontation clause, and therefore also contra to the tenets of Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) and its well-settled progeny.

Counsel of record

For petitioner
Daniel Gerard Petoia Marchese
The Marchese Law Firm, LLC

For respondent
Tiffany Marie Russo
Morris County Prosecutor' s Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 17 2024
    Petition DENIED.
  2. May 29 2024
    Reply of petitioner Rollo Barker filed. (Distributed)
  3. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  4. May 10 2024
    Brief of respondent New Jersey in opposition filed.
  5. Apr 11 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
  6. Apr 09 2024
    Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk.
  7. Mar 06 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
  8. Mar 05 2024
    Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
  9. Feb 08 2024
    Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024.
  10. Feb 07 2024
    Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
  11. Jan 11 2024
    Response Requested. (Due February 12, 2024)
  12. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  13. Dec 27 2023
    Waiver of right of respondent New Jersey to respond filed.
  14. Sep 26 2023
    Petition for a writ of certiorari filed. (Response due January 2, 2024)