[Download] "State v. Mcneely" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free

July 04, 2021

eBook details

Title: State v. Mcneely
Author : Court of Criminal Appeals of Texas
Release Date : January 01, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

Defendant was charged with possession of methamphetamine, based on laboratory testing of residue found on items seized by police from the house where he had been staying. At trial, defendants theory was that the items found at the house belonged to someone else. The state introduced a lab report on the residue without calling the criminalist who prepared it to testify. Defendant did not object to the admission of the report and did not challenge the reports conclusion that the residue was methamphetamine. Defendant was convicted, and he now appeals the conviction, asserting that, under State v. Birchfield, 342 Or 624, 157 P3d 216 (2007), the admission of the report without the criminalists testimony was a violation of both his state and federal constitutional rights to confrontation. He acknowledges that his claim of error was not preserved, but contends that the error is apparent on the face of the record and that we should exercise our discretion to review it.