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You are here: Home1 / Appeals2 / Preservation of Error, DNA Expert, Confrontation Clause.
Appeals, Criminal Law, Evidence

Preservation of Error, DNA Expert, Confrontation Clause.

Defendant’s claim that a DNA analyst’s expert testimony violated the Confrontation Clause because it was based on reports made by non-testifying witnesses was rejected, principally because the claim was deemed unpreserved.  There is a substantive discussion of preservation requirements. The Court, however, noted that the Court of Appeals held a similar DNA report was nontestimonial for Confrontation Clause purposes.  People v Rios, 7651, Ind. 1037/08 First Dept. 1-15-13.

 

January 15, 2013
Tags: APPEALS, CONFRONTATION CLAUSE, DNA, First Department, HEARSAY, PRESERVATION OF ERROR, TESTIMONIAL HEARSAY
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