Tuesday, December 18, 2012

Court ordered funds for a DNA expert witness.

In People v Webb, ___ Mich ___ (#145969, 12/12/2012) the Michigan Supreme Court held that the trial court’s failure to appoint a DNA expert witness deprived the defendant of an opportunity to present a defense to the charged crimes. On remand, the trial court shall provide funds sufficient to permit the defendant to obtain independent DNA testing. Testing shall proceed forthwith, and the results shall be provided to both parties as soon as reasonably possible. Within 56 days of receiving the test results, the defendant may seek further relief, if appropriate, in the trial court.

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