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Has anyone introduced DNA results in a case through a certificate of analysis under Art. 38.41?

I haven't found any cases on Westlaw in which it was done, but a reading of the statute doesn't seem to prohibit it.

I would never, ever not put the analyst on the stand in a case in which DNA was important, but it seems like it might not be such a bad idea to go the certificate route if you had a case in which the DNA was kind of tangential - it'd be an easy way to show the jury that the lab did everything without belaboring the point.
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    38.41 certificate for DNA?

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