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Posts tagged "DNA"

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

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