• About
  • Blog
  • Forensic Disciplines
    • Foundations of Forensics
    • Arson
    • Bite Mark
    • Blood & Bodily Fluids
    • Child Abuse Allegations
    • Crime Scene Investigation
    • Death Investigation
    • Detection Dogs
    • Digital Evidence
    • DNA
    • Drug Analysis
    • Drug Recognition Experts
    • Eyewitness ID
    • Fingerprints
    • Firearms
    • Forensic/Sexual Assault Exams
    • Measurement Uncertainty
    • Mental Health
    • Toxicology
    • Trace Evidence
  • Resources
    • Forensic Consultations
    • Books
    • Cases
    • Featured Articles
    • Legislation
    • Motions and Briefs
      • Discovery Motions
      • Funding for Experts
      • Motions for Appropriate Relief
      • Motions to Exclude Expert Testimony
      • Motions for Independent Testing
      • Motions to Preserve Evidence
      • Motions to Suppress
      • Analyst Certification Motions
    • Reports & Publications
    • Trainings
    • Websites
    • Forensic Terminology
    • Online Research Tools
  • Crime Labs
    • General Information
    • NC State Crime Lab Procedures
    • Charlotte Mecklenburg Crime Lab
    • CCBI Lab Procedures
    • NC OCME Toxicology Lab
    • Pitt Co. Sheriff’s Forensic Services
    • Sec. of State Digital Forensic Lab
    • Wilmington Police Dept Crime Lab
    • Private and Out-of-State Labs
  • News Articles
  • Experts
    • Browse All Experts
    • Working with Experts
    • Expert Services Project
    • Add or Update Expert Records
    • Find a Private Investigator
  • Subscribe
  • Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Forensic Resources

North Carolina Office of Indigent Defense Services

Header Right

MENUMENU
  • About
  • Blog
  • Forensic Disciplines
        • Foundations of Forensics
        • Arson
        • Bite Mark
        • Blood & Bodily Fluids
        • Child Abuse Allegations
        • Crime Scene Investigation
        • Death Investigation
        • Detection Dogs
        • Digital Evidence
        • DNA
        • Drug Analysis
        • Drug Recognition Experts
        • Eyewitness ID
        • Fingerprints
        • Firearms
        • Forensic/Sexual Assault Exams
        • Measurement Uncertainty
        • Mental Health
        • Toxicology
        • Trace Evidence
  • Resources
        • Forensic Consultations
        • Books
        • Cases
        • Featured Articles
        • Legislation
        • Reports & Publications
        • Trainings
        • Websites
        • Forensic Terminology
        • Online Research Tools
        • Motions and Briefs
          • Discovery Motions
          • Funding for Experts
          • Motions for Appropriate Relief
          • Motions to Exclude Expert Testimony
          • Motions for Independent Testing
          • Motions to Preserve Evidence
          • Motions to Suppress
          • Analyst Certification Motions
  • Crime Labs
    • General Information
    • NC State Crime Lab Procedures
    • Charlotte Mecklenburg Crime Lab
    • CCBI Lab Procedures
    • NC OCME Toxicology Lab
    • Pitt Co. Sheriff’s Forensic Services
    • Sec. of State Digital Forensic Lab
    • Wilmington Police Dept Crime Lab
    • Private and Out-of-State Labs
  • News Articles
  • Experts
    • Browse All Experts
    • Working with Experts
    • Expert Services Project
    • Add or Update Expert Records
    • Find a Private Investigator
  • Subscribe
You are here: Home / Crime Labs / Substitute Analyst cases update

Substitute Analyst cases update

July 11, 2013 //  by Sarah Olson//  Leave a Comment

The NC Supreme Court decided several cases in June that dealt with the admissibility of testimony by substitute forensic analysts. The lead case in this series is State v. Ortiz-Zape, a case in which a forensic chemist testified for the state regarding the results that a non-testifying analyst produced using the gas chromatograph mass spectrometer (GCMS). The Court held that allowing the testimony of the substitute analyst did not violate the defendant’s Confrontation Clause rights where the expert’s testimony was an “independent opinion based on otherwise inadmissible facts or data of a type reasonably relied upon by experts in the particular field.” Ortiz-Zape, slip op. at 13 (quotations and citations omitted). The NC Supreme Court reasoned that the defendant’s right to cross examine the expert giving the opinion, not its underlying factual basis, is guaranteed by the Confrontation Clause.

Defenders, however, should continue to make objections to the testimony of substitute analysts at trial to preserve the issue, as the U.S. Supreme Court will be the final word on this issue.

It’s important to read the further analysis of this line of cases that is provided by Jessie Smith in her North Carolina Criminal Law blog post here.  She also explains the requirements for laying a proper foundation for substitute analyst testimony and discusses impermissible “surrogate” testimony.

While the NC Supreme Court in Ortiz-Zape discusses machine-generated raw data as being “truly machine-generated,” it has been shown that the results can be manipulated. Take a look at the video on Justin McShane’s blog for one example of why it is important to be able to cross-examine the analyst who performed the testing.

 

Category: Crime LabsForensic Discipline: Drug Analysis

Previous Post: « Evening at the School of Government, Part III: Firearms 101
Next Post: Defense attorney taps into the NSA’s surveillance of telephone metadata in hopes of finding exculpatory evidence »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Site Footer

The Forensic Resource Counsel provides assistance to North Carolina attorneys litigating scientific evidence issues.
Information provided on this website is for educational purposes and does not constitute legal advice.
Copyright © 2023 · Office of Indigent Defense Services · All Rights Reserved · Website by Tomatillo Design

Copyright © 2023 Forensic Resources · All Rights Reserved · Powered by Mai Theme