On February 19, 2014, effective April 1, 2014, upon the joint recommendation of the Criminal Procedural Rules Committee and the Committee on Rules of Evidence, the Supreme Court adopted new Pennsylvania Rule of Criminal Procedure 574 to provide procedures for the admissibility of forensic laboratory reports in lieu of expert testimony.
Click for Order
Click for new Criminal Rule 574
Click for Report of the Supreme Court
In conjunction with the new criminal rule, the Supreme Court promulgated revised comment to Pennsylvania Rule of Evidence 802 concerning hearsay.
Click for Order
Click for Final Report
Click for new Comment to Rule 802
This is bad news for justice. But it is good news in that Commonwealth v. Yohe is no longer controlling. Now upon simple demand, defense attorneys can demand the actual analyst to come into court and testify.
Note the specific language here in the Rule:
(1) Within 10 days of service of the notice provided in paragraph (B), the defendant’s attorney, or if unrepresented, the defendant may file and serve, as provided in Rule 576, upon the attorney for the Commonwealth a written demand for the person who performed the analysis or examination that is the subject of the forensic laboratory report to testify at trial.
(emphasis added)
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Sam in CA says:
Good afternoon.
I just wanted to applaud your accomplishments, foresight, and continued fortitude of your firm in protecting the innocent; I only wish you were licensed in the state of California, “Wild, Wild West” is just an understatement.
I apologize I was unable to open the attachments in the blog.
Any media or press contacts in CA for continued issues with forensic testing?
CA Dept. of Justice Bureau of Forensics (CA DOJ BFS) does majority of testing in state; under Attorney General of CA; unable to file legitimate complaints. All of their individual sites under ONE ANAB/ANSI certifying license number (initial ALI-114-T; now ALI-123-T) despite large variability of testing at individual sites. ANAB/ANSI refused to investigate complaint.
CA State Bar allows lawyers that have 20% of their cases in DUI to mislead the public by allowing them to state they are “DUI Experts” vs only the NCDD lawyers to state this; thus the public is greatly being misled.
CA is also the only state that does not utilize the ABA standards; public defender officers are understaffed with prosecutors not even evaluating cases.
Corruption runs a muck from the police, forensic testing, retesting, DMV pro se hearings, alleged experts, and judicial staff.
As a former chemist perfoming blood alcohol and toxicology testing; and now unable to work as a Nurse Practioner with a pending blood alcohol misdismeanor since 05032014; I have had the alleged DUI experts (30K flushed) and now have alternative defense (no defense).
You earlier referred my to Mr. Brehmer in Bakersfield, CA. The CA DOJ BFS allow him to have their documents in turn that he does not sue them.
My case involves fraud, perjury from Clovis PD; Clovis PD property technician had my sample and another individuals out of chain of custody and CA DOJ BFS of Fresno did not note this util 05277014; according to policy and procedure it should have been noted on arrival and determined if admissable or not at the time of arrival (not done; email written by property technician to forensic supervisor with no real address and no answer). I sent a FOIA to his new DOJ employment with no answer. The only subpeona done by one of attorney was 911 call and dispatch. The DUI was ordered before I was found in a collision in a road/land development area not according to the City of Clovis Code. I have yet to obtain any of records to date; City Clerk refuses. I have no one to advocate for me. I have repeatedly had Marsden Motions asking for new defense and denied utilizing previous court cases and rationale why my case should be dismissed with Chapter 17 reasons. My sample was not ran until 30-days and was only 0.10; you can see on the chain of cusody they attempted twice prior but no other results. I was the first sample after the high control with no blanks. My sample was left out of the refrigerator the majority of the time as well. The first lawyer did nothing and his referral to expert witness, crimalist did not say anything about my blood and/or testing. The retest was not placed in a sterile containter per Chpt 17 but in a 2-ml gray top tube which would further dilute the sample; how does it remain the same 0.10? no controls no chromatographs, etc
Didn’t receive results till after 3 years… expert former criminalist; but doesnt testify anything about blood; just FSTs. I am the only one advocating for myself. The FRESNO CO. SUPERIOR COURT JUDGES do not know about forensics and think I am the one that doesn’t know anything… Oliver Kroll, NCDD newer to area and will not represent me 2/to malpractice.
No one represents the indigent; prosecutors not being turned in for misconduct; majority of judges of cannon 3 (e) with connections to DA…
Phillips, et al (Northern ACLU) vs Fresno County Superior Court and California (2016); settled in 2020.
https://www.aclunc.org/our-work/legal-docket/phillips-v-state-california-fresno-public-defense
However, I am unable to obtain adequate defense, right to speedy trial, fair trial, etc. 05032014; should have been dismissed at DMV. I have left several messages for NCDD Rhea Kirk and no call backs.
This is a case of a teacher where they actually changed her DUI results to make her legally intoxicated; charged her with endangerment of child, etc.
Her life was also ruined as a teacher. She was able to find out that she was never guilty of DUI some how but the Police had to make it stick because of child endangerment charge and report to teachers association, etc.
She attempted to sue the County of San Diego herself; but of course lost. O’Shea v. City of San Diego, No. D079241 (Cal. Ct. App. Jul. 19, 2022)
O’Shea v. Cnty. of San Diego, Case No. 19-cv-1243-BAS-BLM (S.D. Cal. May. 28, 2020)
I personally feel awful for her because she had wire tapping by AT&T and believe I currently may have this as well; Iphone (AT&T) and PC breached with 3 emails; almost all my court data has disappeared. This is unconsciousable if this has occurred to her and me by CA Superior Courts.
Do we not matter? My PTSD is so bad from numerous Domestic Violence higher courts; where DA did not call the correct officers (desk officer where dropped off paper work); dismissed only for him to attempt vehicular manslaughter in the parking lot with his truck numerous times while trying to get to my vehicle while Crime Victim Advocate watching & notified DA. Nothing done.
You can only imagine the divorce/custody. This is similar to judges berating me during Marsden Motions.
The police officer also was supposed to report teachers but amended the paper to say Teacher/Nurse Practitioner; I had started a job and was terminated after 30-days unexpectedly. I am fairly sure he called after my results came back at .010.
I would like to successfully sue Clovis PD, Fresno Superior Court, California Court, CA DOJ BFS, and CA attorney general. I have been unable to receive the care I needed for my chronic neurological neuromuscular disorder (dystonia with many facets; blephospams; cervical dystonia, etc), meralgia paresthetica.
It is not right that medical and teaching professionals are being dragged through the muck to cover-up the transgressions of overzealous police officers with NO ONE avocating for us women.
I attempted to contact Radley Balko; unsuccessful as well.
There is NO ONE like you here!
I have gone through the recent NCDD comittees for anyone in CA areas and none; I do not believe they have your tenaciousity, strength, knowledge, and commitment to change the status quo; challenge the CA DOJ BFS/AG; the CA State Bar to remove the false allegation of attorneys as DUI experts with 20% cases, frauding the innocent public; perpetrating false DUI convictions with known NCDD experts!
There is a need for asap for California Science Forensic Commission for oversight of these laboratories; as well as a class action law suit in the CA DOJ BFS of Fresno and their other CA DOJ BFS laboratories when individuals cannot even file a legitimate complaint as I stated.
I am very familiar with the clinical laboratory regulatory and industry chemistry regulations working as a Medical Technologist and Clinical Chemist in QA, QC, and Research & Development for Beckman Instruments. Certification was not occupation in the clinical laboration and should not be in the forensic laboratory; NO EXCUSES. There needs to be a higher regulatory body accrediting the Forensic laboratories similar to the Clincial Laboratories.
The ANAB/ANSI is just name only. The Texas Commission has CAP survey; which we also had clinically.
I feel so strongly after my personal experience and seeing what a teacher experienced in San Diego County; they are ruining our professional lives and no one is batting an eye lash about this. Neither of us have a criminal background; they are targeting professional individuals with no consequences and we are losing our professional livilihoods without anyone to assit us. I have gone to representatives, congressman, and everyone I can think without assistance.
MADD is entertaining the prosecutors and police with DUI award trophy banquets all around the country with not-for-profit funding? This money can be better spent on the needed resources for individuls that may have a genetic substance abuse disorder according to the DSM-V; it is no longer separated from alcohol and drugs. There is a known genetic suspectibility with both; as well as a known relapse rate depending on the substance of choice from 50% and higher; yet the substance abuse disorder treatment centers and/or programs like Alcoholics Anolymous, Narcotics Anomyous, etc. do not have enough beds available to accomodate these individuals. There is also placement issues for housing and jobs post-treatment. MADD needs to stop entertaining the police and prosecutors and look at the systemic socioeconomic issue.
I personally would like to see reports after the police/prosecutor biased ran Forensic Laboratories are ran by the State Departments?
I do not believe there are as many DUI as there are; Fresno County California indigent population are forced to plea bargain to stop the ridiculous Assistant DA run court; there is no case review for merit and/or discovery. The indigent are harassed and bullied to plea bargained.
My request for standard discovery that including pictures of my blood tube with levels of blood and envelope; did not include temperature logs, the staff resumes, accreditation, surverys, machine maintenance/issues, etc. I only received pp. 1-21; 62-72; missing pp. 22-61. DA states do not have the missing pages. The blood tube was not placed upright; label pulled back to see the exp. date or fill volume. The tube was layed flat.
The US DOJ is not an adequate replacement.
Is there not a way to determine an expert witness at this point?
My alleged witness that the judges at Fresno County Superior Court that only talks about FST, Stan Dorrance (former criminalist) does not discuss Chpt 17… or accident reconstruction.
Is there not a way that NCDD or scientist body can regulate this?
I do not know what to do any more.
I am a Secretary of State Safe at Home Confidential Home Address Participant since 04212016 which does not allow the court to post my information online and only use my Safe at Home PO BOX 1198 ID #1657 Sacramento, CA 95812 address which is on my Driver’s License and Vehicle Registration.
I have numerous Govt codes to protect me however have no one to enforce them. The Clovis PD went back to 2013 and used my last known physical address on record despite me changing it several times. My ex; high ranking law enforcement in Texas has found me now; severe Office-Perpetrated Domestic Violence and divorce/custody unbelievable. dwentendorf.com is the only one that does any justice to this topic.
Only the wealthy areas of CA have access to free legal aid.
If you can think of any Civil and/or Criminal attorneys pro-bono that can assist; I have contacted numerous lawyer associations unsuccessfully. I would greatly appreciate your consideration and assistance.
Could you please email the above order, criminal rules, and reports to me; unable to open? Thank you for your time and consideration.
Kindest regards,
Lisa, your biggest fan
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