The term “chopper” is a slang term for “assault rifle.” See Tr. The other main thread running through Turner's argument is that flaws and inconsistencies in the examination process render the results of the process unreliable. at 893–94; (2) that an “identification” is less reliable when the subject weapon is not available for comparison, see Tr. at 4088. Defendant's Ex. See, e.g., Monteiro, 407 F.Supp.2d at 358 (“[A]n expert's testimony may be given greater weight by the jury due to the expert's background and approach․ Simply put, expert testimony may be assigned talismanic significance in the eyes of lay jurors ․“ (internal quotation marks and citations omitted)). Swartz's home was across the street from the abandoned house at 555 and a few doors down from 560. Marks in the form of imprints deposited onto surfaces resulting from the interaction of objects with surfaces were often used as proof … Turner's contentions are appropriate fodder for cross-examination at trial, and Turner's cross-examination of Putzek was vigorous and thorough. at 4090–92. In some cases, forensic analysts have fabricated results, hidden exculpatory evidence, or reported results when testing had not been conducted. First, the Sexton court rigorously applied the Daubert factors in arriving at its conclusion that the evidence was inadmissible. For reasons explained more fully in Part II below, we conclude Turner's conviction is supported by substantial evidence of guilt apart from Clifton's challenged testimony. at 2505. Tr. Tire Impression Lab (Part B) HW: 1. In 1982, 17-year-old Yiannoulla Yianni was raped and … Melanie Road, 17, was found in a pool of blood at 5.30am on June 9 in 1984 In Turner's words, he wanted to “hit a lick” at “the Mexicans down the street.” Tr. See Tr. First, he complains the trial court erred in admitting the testimony of one witness explaining why another witness was not present for trial. at 4020–21; State's Ex. of Appellant at 29. On double jeopardy grounds, the Court of Appeals vacated Stewart's conviction for robbery and the corresponding sentence of four years. Turner concedes that the cartridges shared certain class characteristics,4 including being of the same brand, caliber, and type. Evidence technicians recovered 23 discharged 7.62x39 mm cartridge casings from the scene. This argument is unavailing. The Confrontation Clause of the Sixth Amendment to the United States Constitution, which is made applicable to the States by the Fourteenth Amendment, provides in relevant part, “In all criminal prosecutions, the accused shall enjoy the right ․ to be confronted with the witnesses against him.” The United States Supreme Court has determined that a statement violates the Confrontation Clause if, among other things, it is “testimonial” in nature. at 2771. After a bench trial Turner was found guilty as charged and the trial court sentenced him to life imprisonment without parole on the murder conviction. CRIMINAL CASES. Over Turner's objection, Griffith testified that as “Smoke” was leaving the station Turner asked Griffith to “whistle for Smoke to come back so he could rob him.” Tr. Eventually Clifton, Turner, and the friend got in the friend's truck and drove to Kentucky at Turner's direction. Only on redirect examination was the trial court made aware that indeed there was no such disagreement. See Tr. By contrast, Putzek concluded, “Based upon comparative analysis on the live cartridge [Item 56] to the cartridge casing [from the crime scene], the shoulder/case sidewall tool mark, it is my opinion that there is [sic] sufficient individual characteristics to render an opinion of identification. Impression evidence is simply where several objects are pressed or stamped against one another allowing the objects to transfer and retain characteristics from one another. at 2773, “hit[ting] a lick on the Mexicans across the street,” Tr. 463, Exhibit Volume VII at 1365. The State called Michelle Clifton as a witness at trial. I will identify an unknown tool based on impression evidence. of Appellant at 29–31. In viewing the effect of the evidentiary ruling on a defendant's substantial rights, we look to the probable impact on the fact finder. The most common types of impression evidence found in the crime scene are footprints, tire tracks, bite marks and tool … The improper admission is harmless error if the conviction is supported by substantial independent evidence of guilt satisfying the reviewing court there is no substantial likelihood the challenged evidence contributed to the conviction. The Phenom SEM is the best tool for forensic scientists as it offers a very simple to use, fast and high-quality imaging tool with the added capability of determining elemental composition. at 4127–29. Taking into consideration all the assumptions for ... criminal events where blood is one of the resulting evidence on the crime scene, such as traffic accidents or … Granting motions filed by both Turner and Stewart, on March 14, 2009 the trial court ordered separate trials. It is the scientific analysis of bullets and bullet impacts to arrive at logical inferences about the incident. Tr. 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