September 25, 2003, 15:23
Peter KeimForensic Analysis
If evidence was analyzed prior to the lab being certified under the new CCP Art. 38.35 will the same evidence have to be reanalyzed after the lab becomes certified?
September 25, 2003, 16:52
JohnRNo, as long as a sample is maintained for retesting, until Sep. 1, 2005. If no sample is maitained for retesting, then yes, only how can you retest if there is no sample? The statutory language says the evidence is inadmissible if the lab is unacredited at the time of testing
or trial. This would mean, to me, that even if the lab were acredited at the time it tested evidence, but later surrendured that acreditation before trial, that the evidence would be inadmissible at trial.