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Unavailable scientist

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5841056781

March 05, 2009, 09:27
suzannewest
Unavailable scientist
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.
March 05, 2009, 09:48
KARLA
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.
March 05, 2009, 09:49
Gretchen
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.
March 05, 2009, 13:08
suzannewest
Those were the ones! You guys are fast. Thank you.
March 06, 2009, 10:09
jws
Why not just have another chemist retest the drugs and then call that chemist?
March 06, 2009, 16:34
suzannewest
That is the simplest option, and what we would do with more time. Trial is next week.