Judge previews evidence ruling under Article 38.41 and schedules manslaughter trial for next Monday

The presiding judge in the 252nd District Court held a pretrial evidentiary conference in a manslaughter matter and discussed the admissibility of an out-of-state laboratory'produced certificate of analysis under Article 38.41 of the Texas Code of Criminal Procedure.

The court noted the statute provides that a certificate of analysis is not admissible "if not later than the tenth day before trial begins the opposing party files a written objection." The judge said the certificate before the court appears to include the elements required by the article'name, laboratory accreditation, analyst qualifications, description of test procedures, and results'and indicated it would likely be admitted if it substantially complies with the statute and no timely written objection is filed. The court instructed defense counsel to file any written objection this week; if an objection is filed, the judge said the parties should be prepared to address it before jury selection.

The prosecutor told the court the laboratory that performed the toxicology is located outside Texas; the defense raised a Fourth Amendment and other concerns and asked for time to file objections. The court also discussed an amended motion in limine the prosecutor plans to file to limit questioning about the victim's treatment history; the judge asked the parties to exchange and resolve motions in advance of Monday's jury selection.

Jury selection for the manslaughter matter remains scheduled to begin next Monday; the judge said any timely written objection to the certificate must be filed this week for consideration under the Article 38.41 timetable.