Congratulations to Associate Professor of Law William G. McLain III, and adjunct professor and Chief of the Forensics Division for the Maryland Office of the Public Defender Stephen Mercer ‘94, who just won a major victory in Derr v. State (2011). The lawyers briefed and argued the case in front of the Maryland Court of Appeals, Maryland’s highest court, which issued a 71-page opinion in favor of William McLain’s client.
In Derr v. State (2011),
the Maryland Court of Appeals held that it is a violation of the
Confrontation Clause of the United States Constitution for the state to
introduce into evidence at trial a DNA lab technician’s report that
crime scene DNA matches that of the defendant, without making available
for cross-examination the lab technician who generated the report. This
opinion may alter the procedures that Maryland must follow in order to
introduce DNA evidence in criminal trials.
Visit the Maryland Court of Appeals website to read the entire opinion.