Derr v. State
Annotate this CaseAppellant Norman Derr was convicted of multiple sexual offenses in circuit court. On appeal, Derr challenged the admission of forensic evidence introduced at trial through the testimony of an expert witness who did not take part in or observe the physical testing of the evidence or independently determine the test results. At issue on appeal was whether the admission of the evidence and the testimony of the expert witness violated Derr's constitutional right to confrontation. The Court of Appeals reversed, holding (1) a testimonial statement may not be introduced into evidence without the in-court testimony of the declarant, unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the witness; and (2) the trial judge in this case erred in admitting the results of scientific testing through a surrogate analyst who did not, on the basis of the record, perform or observe the actual testing.
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