State Of Louisiana v. B.J. McElveen

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 1066

VERSUS

B. J. MCELVEEN SEPTEMBER 29, 2022

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. 09- 18- 0487.

BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.

STAY LIFTED; WRIT GRANTED. The trial court' s ruling limiting testimony from the State' s DNA expert and excluding the lab reports is reversed. No error under the Confrontation Clause occurs when a DNA expert testifies that in his or her opinion

the DNA profile developed from a sample taken from defendant matches the DNA profile developed by other, non - testifying technicians from biological samples taken from the evidence.

State v. Bolden, 2011- 2435 ( La. 10/ 26/ 12), 108 So. 3d 1159, 1161- 62 ( per curiam). cf. State v. Oliphant, 2013- 273 ( La. App. 3rd Cir. 11/ 20/ 13), 127 So. 3d 91 ( the testimony of an alternate

crime lab employee regarding results of DNA analysis, rather

than employee who actually performed the analysis, did not

violate the defendant' s confrontation rights. The crime lab employee who actually performed the analysis was on maternity leave and the testifying employee was recognized as an expert in DNA analysis and admittedly familiar with the protocols and

procedures required of the analysis). Further, the Louisiana State Police Crime Laboratory scientific analysis reports are

admissible. Even if forensic DNA reports are admitted in evidence without in -court testimony of the scientist/ analyst who

either signed the certification or performed or observed the test reported in the certification, generally, there is no Sixth Amendment Confrontation Clause violation because the reports are

not testimonial. State v. Grimes, 2011- 0984 ( La. App. 4th Cir. 2/ 20/ 13), 109 So. 3d 1007, writ denied, 2013- 0625 ( La. 10/ 11/ 13), 123 So. 3d 1216 ( citing Williams v. Illinois, 567 U. S. 50, 132 S. Ct. 2221, 183 L. Ed. 2d 89 ( 2012)).

VGW JMG

EW

COURT OF APPEAL, FIRST CIRCUIT

40

Y

J_ CLERK OF COURT

FOR THE COURT