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eBook details

• Title: State Delaware v. Antonio Rivera and Angel
• Author : New Castle Superior Court of Delaware
• Release Date : January 03, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Antonio Rivera and Angel M. Rivera (hereinafter ""defendants"") have filed a motion pursuant to Superior Court Criminal Rule 33 for a new trial on the ground that the admission of a toxicology report prepared by the State Medical Examiner's Office and offered by the State at the defendants' trial on charges of delivery of cocaine constituted hearsay within the meaning of the Delaware Uniform Rules of Evidence (hereinafter ""D.R.E."") Sections 801 and 803(8)(B) and (C). Further, defendants contend that the admission of these reports violated their confrontation rights under the Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section 7 of the Constitution of the State of Delaware. Defendants were tried and found guilty by a jury on March 3, 1986 for delivery of cocaine. On the day of trial, the State learned that the State forensic chemist who analyzed the substances alleged to be cocaine was unavailable due to illness. The State apparently made no effort to determine when and if the chemist would be available. Instead, the State called another State forensic chemist who testified as to the duties of a forensic chemist employed at the State Medical Examiner's Office and the procedures for obtaining and testing substances believed to be cocaine. This substitute witness also testified that the results of the various tests used to analyze controlled substances are routinely included in a report made at the time of the analysis, or shortly thereafter, and kept on file at the Medical Examiner's Office; that he had the notes of the State chemist who tested the substance at issue; and that these notes indicated that standard procedures were used. Over defendants' objection, the State introduced the lab report of the unavailable State chemist with its Conclusion that the substances were cocaine.

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