Sexual Penetration Craig County Virginia DNA Analysis Lawyers

Sexual Penetration Craig County Virginia DNA Analysis Lawyers

Factual Background:

Defendant was convicted of, inter alia, object sexual penetration, in violation of Va. Code Ann. § 18.2-67.2(A)(2), after certificates of analysis of bodily fluids were admitted. The author of certificates of analysis admitted into evidence testified, but scientists who involved in the process of examining bodily fluid samples did not.

Sexual Penetration Craig County Virginia DNA Analysis Lawyers

Sexual Penetration Craig County Virginia DNA Analysis Lawyers

  • Whether, in view of the decision in Melendez-Diaz, scientists were required to testify at trial to preserve Aguilar’s confrontation rights?
Observation and Holding:

The supreme court held the certificates were testimonial statements, but their admission did not violate defendant’s confrontation rights, because (1) the only declarations in the certificates were those of the testifying witness, (2) his testimony showed one non-testifying scientist had no role in the DNA analysis, since she did not find spermatozoa the witness examined, so the certificates did not contain the results of her work, (3) the certificates did not explain the other non-testifying scientist’s work, contain reports she might have generated, or report her factual findings, so they were not her declarations, expressly or impliedly, and nothing from her was presented to the fact-finder in a form functionally identical to live, in-court testimony, and (4) the witness supervised both scientists’ work and was directly involved in the entire DNA analysis at issue, so only he could testify about the accuracy of the analysis, the lab’s operating procedures, and any deviations from or systemic problems in those procedures. The judgment of the Court of Appeals was affirmed.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.

A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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