Is an autopsy a testimonial within the meaning of the Sixth Amendment?
California, United States of America
The following excerpt is from The People v. Alejandre, A122416, Super. Ct. No. 0801266 (Cal. App. 2010):
To forestall further proceedings claiming ineffectiveness of trial counsel, however, we consider the Sixth Amendment issue on the merits. In so doing we need not determine whether the autopsy report is testimonial within the meaning of the Sixth Amendment because even if it is, the admission of the report was harmless beyond a reasonable doubt. (People v. Jenkins (2000) 22 Cal.4th 900, 1015-1016 [finding it unnecessary to examine a "complex constitutional question," because any error was harmless].)
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