ABSTRACT

This chapter is dedicated to postconviction attorneys dealing with issues concerning bloodstain pattern analysis. Although the emphasis is on postconviction cases, the law is the law. As such, the material should prove useful to trial attorneys dealing with issues of admissibility or expert qualifications, via a motion in limine, or during examination of the expert at trial. The coverage will overlap and complement Chapter 19 of this volume. Although not presumed to be the authoritative source, this chapter provides an overview of issues to be evaluated and addressed at the postconviction stage. Because there is a dearth of precedent on specific issues you may encounter in each jurisdiction, it will be beneficial to look to other jurisdictions for a case in point. Further, lists of appellate opinions dealing with admissibility of bloodstain pattern evidence and presumptive blood tests are presented in Appendices E and F to aid in your inquiry.