This is a useful opinion about the true meaning of Ake and appointment of experts and independent drug testing. But, it is the judgment of the COA that is reversed and the case is remanded for proceedings in the trial court consistent with the CCA rulings. The CCA does not expressly set aside the judgment of conviction or state that Ehrke is entitled to a new trial.
So what is meant to occur? Will the trial judge engage in a harm analysis? What if no one now comes forward with funding for the re-testing? The court says Ehrke has, so far, failed to suggest how his inspection will actually help him and opined that the weight issue is a phantom.
I guess I misinterpreted the CCA ruling. The trial court has determined Ehrke is entitled to a new trial. Unclear whether there was any material change in the test results. The new trial will occur more than 6 years after Ehrke was arrested.
Change "more than 6 years after Ehrke was arrested" to "at least 89 months after Ehrke was arrested." The new trial is now set for 5/30/17 (subject to additional delay).
