July 2012 Monthly Opinion
Chambers, Dale Anthony v. State, COCA Case No. F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report generated by members of multi-disciplinary team was prepared for use in a criminal trial, and "falls under the category of testimonial evidence subject to the confrontation clause." Admission of the report violated 6th Amendment unless declarants were unavailable or defense had prior opportunity to cross examine the non-testifying witnesses.
Lymen, Steven Cory v. State, COCA Case No. S-2011-765 (July 13, 2012)
(State Appeals; Evidence, Sufficiency) Trial court found that the initial identification was unduly suggestive and tainted the subsequent in-court identification. Identification suppressed, case dismissed. District court ruling affirmed.
