State v. Whittington

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Defendant was convicted of trafficking in opium by possession. During the trial, a laboratory report of the results of a chemical analysis of the contraband were admitted, over Defendant’s objection, without calling the testing chemist as a witness. The court of appeals reversed, holding that the State failed to establish that Defendant waived his confrontation rights because the record did not demonstrate that the State had provided a pretrial copy of the lab report to Defendant. The Supreme Court reversed in part, holding that Defendant failed properly to raise or preserve the issue regarding the State’s compliance with the statutory requirement that the State provide a copy of the lab report to a defendant before trial. Remanded. View "State v. Whittington" on Justia Law