Supreme Court Report

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Anthony M. Clark v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 26-0140 · judgment April 16, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 11% cert probability (95% interval 3%–32%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for the Court of Appeals for the Armed Forces below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

At Petitioner’s trial, the United States admitted drug lab results through a surrogate expert who testified to their accuracy and veracity, despite that he neither observed nor took any part in the testing or the production of the documents. During Petitioner’s appeal, this Court issued its decision in Smith v. Arizona, 602 U.S. 779, 792-93, 800-01 (2024), in which it held the prosecution violates the Confrontation Clause when it calls a surrogate expert witness to convey the statements of an absent lab analyst if: (1) the absent analyst’s statements are introduced for their truth; and (2) the statements conveyed are testimonial. Petitioner challenged this evidence on appeal based on Smith, but the lower court affirmed, finding no Confrontation Clause violation because “[a]fter independently reviewing each exhibit generally and the computer-generated data specifically, [the surrogate expert] concluded that [Petitioner]’s urine tested positive for [controlled substances].” App. 15. Military courts have now joined a split among the circuits and state courts of last resort regarding the proper application of Smith’s second prong. This Court has yet to resolve this issue of what statements are “testimonial” under its varying, primary-purpose test. The question presented is: Did the surrogate expert’s testimony about the accuracy and veracity of the lab results used to convict Petitioner violate the Confrontation Clause?

Counsel of record

For petitioner
Raymond Eugene Bilter
U.S. Navy Judge Advocate General's Corps

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 19 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 11 2026
    Waiver of right of respondent United States to respond filed.
  4. Aug 11 2026
    Brief amici curiae of Navy, Marine Corps, and Coast Guard Defense Services Organizations filed.
  5. Aug 05 2026
    Brief amici curiae of The Betty and Michael D. Wohl Veterans Legal Clinic, et al. filed.
  6. Jul 10 2026
    Petition for a writ of certiorari filed. (Response due August 13, 2026)