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My forensic scientist in a heroin case no longer works for DPS.

I am told there is a case out of Bexar County that talks about other analysts stepping in and the limits to what they can testify to...does that ring a bell for anyone? Other ideas short of retesting? I've been looking on Westlaw, but can 't seem to find the right search words to find anything on point.
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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LOOK AT

Martinez v. State
22 S.W.3d 504
Tex.Crim.App.,2000.

Aguilar v. State
887 S.W.2d 27
Tex.Crim.App.,1994.

THE CHEMIST DOESN'T TESTIFY FROM THE REPORT OR TO THE TESTING CHEMISTS OPINION, BUT GIVES HIS OWN EXPERT OPINION BASED ON, AMONG OTHER THINGS, THE REPORT PREPARED BY THE TESTING CHEMIST.
 
Posts: 8 | Location: GRAYSON COUNTY, TEXAS | Registered: March 07, 2002Reply With QuoteReport This Post
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I think you might be talking about having a certificate of analysis (CCP 38.41) in conjunction with a witness to explain procedures at that specific lab.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Those were the ones! You guys are fast. Thank you.
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Why not just have another chemist retest the drugs and then call that chemist?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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That is the simplest option, and what we would do with more time. Trial is next week.
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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