California Court of Appeal

A conviction for second degree robbery of a bank teller is reversed and remanded for a new trial where: 1) the chain of custody of a reference sample of DNA that a criminalist compared with DNA found near the crime scene was inadequate; and 2) a prejudicial violation of his constitutional rights to due process ensued.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Diane E. Berley, under appointment by the Court of Appeal, Woodland Hills, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Janis Shank McLean and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.