MANDATE ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Melendez-Diaz v. Massachusetts, 557 U. S. ___ (2009). (orders list)

DISTRIBUTED for Conference of June 29, 2009.

DISTRIBUTED for Conference of November 25, 2008.

Response to petition from respondent Massachusetts filed.

Response Requested . (Due October 20, 2008)

DISTRIBUTED for Conference of October 10, 2008.

Waiver of right of respondent Massachusetts to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2008)

Moises Morales, Petitioner, represented by Cynthia Vincent Thomas

Massachusetts, Respondent, represented by James J. Arguin