State Of Louisiana v. B.J. McElveen ( 2022 )

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