TDCAA Community
Art. 38.41 Time Limits

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May 20, 2014, 16:29
ELP1661
Art. 38.41 Time Limits
I have a DWI case that has been set for trial many times. The drug analyst from DPS is no longer in Texas, and she will not return for misdemeanor cases. I received from her a certificate of analysis and chain of custody affidavit. I filed those well before the 20 day deadline. The defense attorney did not file an objection within 10 days of that trial setting.

However, the Friday before trial, the defense attorney sought a reset from the judge. The judge set the case out another month. Now that the case has been set again, the defense attorney filed an objection to the introduction of the affidavit and certificate. I don't think this is timely, but I can't seem to find any caselaw on point. Any thoughts or suggestions as to what to do in this situation?