Defense counsel filed a motion to have an independent ballistic test on weapon used in murder. Anyone know whether the State has the right to have their own ballistic expert observe? With chain of custody issues does State have obligation to observe?

Check out article 39.14, CCP, which provides in subsection (a): "Nothing in this Act shall authorize the removal of such evidence from the possession of the State, and any inspection shall be in the presence of a representative of the State."

Thanks - We thought 39.14 applied but trial court granted it without giving the State an opportunity to respond. We just wanted to make sure our argument was rock solid.

Along these same lines can we designate our representative? I think that the statute indicates that we have the authority to do so but we have designated our representative and the defense is objecting.