Friday, May 01, 2009
Here is a link to NMCCA's day old opinion in United States v. Carlson, No. 200102009, __ M.J. __ (N-M. Ct. Crim. App. Apr. 30, 2009). The opinion addresses lab issues in DNA analysis at the U.S. Army Criminal Investigation Laboratory (USACIL). The opinion ultimately finds no prejudice due to the strength of the government's case, but other issues are of interest as well and I will leave those to CAAFlog if he wants to take a run at them. This case involves the same errors, and examiner, as were discussed in United States v. Luke, 63 M.J. 60 (C.A.A.F. 2006), opinion here--see our prior coverage here, here, and here (sort of).