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As I understand it, police officers may testify as experts as to a substance being marijuana without the requirement of having a lab work-up....any cases anyone could recomend reading on this issue...I just finished with Nalls v. State..would like some more input.
 
Posts: 6 | Location: Gatesville, Texas, USA | Registered: April 08, 2009Reply With QuoteReport This Post
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Dig up an old Texas Prosecutor from the TDCAA archives:

Some banjo playing investigator wrote a piece (Odor in the Court, or That's No Skunk in the Jury Box) about the SPU using a convicted dope peddler as an expert in a marijuana case. Judge Ernst ordered the man sitting in the witness box, to "...light up the evidence." After the joint was duly fired up, the vapors rebutted the defendant's alibi that the evidence was simply Oregano. Guilty.
 
Posts: 751 | Location: Huntsville, Tx | Registered: January 31, 2001Reply With QuoteReport This Post
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"...light up the evidence." After the joint was duly fired up, the vapors rebutted the defendant's alibi that the evidence was simply Oregano...
 
Posts: 70 | Location: Ft. Worth, Texas | Registered: October 15, 2003Reply With QuoteReport This Post
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A.P. - You could've gotten the Nobel Peace Pipe Prize for that literary rendition. Wink
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Or maybe crack pipe prize.
 
Posts: 751 | Location: Huntsville, Tx | Registered: January 31, 2001Reply With QuoteReport This Post
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92 S.W.3d 531; 2002 Tex. Crim. App. is an unpublished opinion that says expert status is immaterial, it's just familiarity through training and experience...but they need to smell it.

SIEBERS v. THE STATE OF TEXAS, COURT OF APPEALS OF TEXAS, FOURTH DISTRICT, SAN ANTONIO, 2003 Tex. App. LEXIS 9400 also says officer can prove up your mj for you.

I would guess by now there may be more recent decisions, but these might get you started.
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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thanks suzanne
 
Posts: 6 | Location: Gatesville, Texas, USA | Registered: April 08, 2009Reply With QuoteReport This Post
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I think the TDCAA Predicate Manual has some cites on that issue.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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