adviceseeker222
Junior Member
What is the name of your state? FL
During a vehicular manslaughter trial, the blood evidence was released by the state to an independent laboratory chosen by the defense. When it returned to the courts, the judge declared it to have lost integrity and wouldn't allow the results (the packaging wasn't up to standards).
The defense was reprimanded for this. The defense asked for a mistrial and the judge rejected it.
Who's responsibility was it to maintain the integrity of this evidence?
Shouldn't the state have approved of this lab and/or given them instructions as to how to handle this evidence?
So the prosecution got their lab to test the blood but the defense was denied their own testing.
Is this grounds for a mistrial? If not, grounds for an appeal after the trial?
PLEASE HELP ASAP AS THE TRIAL IS GOING ON RIGHT NOW!
During a vehicular manslaughter trial, the blood evidence was released by the state to an independent laboratory chosen by the defense. When it returned to the courts, the judge declared it to have lost integrity and wouldn't allow the results (the packaging wasn't up to standards).
The defense was reprimanded for this. The defense asked for a mistrial and the judge rejected it.
Who's responsibility was it to maintain the integrity of this evidence?
Shouldn't the state have approved of this lab and/or given them instructions as to how to handle this evidence?
So the prosecution got their lab to test the blood but the defense was denied their own testing.
Is this grounds for a mistrial? If not, grounds for an appeal after the trial?
PLEASE HELP ASAP AS THE TRIAL IS GOING ON RIGHT NOW!
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