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Anybody see why we could not prove up a DWI blood result via CCP 38.41 just like we prove cocaine is cocaine, without requiring the chemist to come live? I only see the issue of not having a state's expert to work extrapolation, but that is seldom an issue in our county, anyway.....Ur thoughts?
 
Posts: 40 | Location: Wharton, Tx | Registered: May 01, 2007Reply With QuoteReport This Post
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Yes, with Shannon's help, I wrote the legislation broadly enough to allow an affidavit to be filed in any analysis situation, including a DNA result. Obviously, there are some situations, as you recognize, where you would want to have the witness present.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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