State v. Cao

In State v. Cao 175 N.C. App. 434, 436, 438, 440, 626 S.E.2d 301, 302, 304-05 (2006), the Court stated: That laboratory reports or notes of a laboratory technician prepared for use in a criminal prosecution are nontestimonial business records only when the testing is mechanical, as with the Breathalyzer test, and the information contained in the documents are objective facts not involving opinions or conclusions drawn by the analyst. While cross-examination may not be necessary for blood alcohol concentrations, the same cannot be said for fiber or DNA analysis or ballistics comparisons, for example. Id. at 440, 626 S.E.2d at 305. There was insufficient documentation of the lab procedures in Cao for this Court to determine whether the procedure was mechanical or not, and we ultimately held that even if the officer's testimony violated the defendant's Sixth Amendment right, admitting the testimony was harmless error. Id. at 440-41, 626 S.E.2d at 305.