Burden of proof
- status of analysis of controlled substance
- notice of objection
Source:
Section 475.235 — Burden of proof; status of analysis of controlled substance; notice of objection, https://www.oregonlegislature.gov/bills_laws/ors/ors475.html.
Notes of Decisions
Where information charged defendant with possession of marijuana, but did not specify amount, it was error for court to construe it as charging only violation because state is not required to negate statutory exceptions in charging instrument. State v. Wadekamper, 68 Or App 750, 683 P2d 168 (1984)
Relieving state of burden of calling criminalist who prepared report deprives defendant of due process right to require that state prove all elements of crime charged. Wigglesworth v. State of Oregon, 49 F3d 578 (9th Cir. 1995)
Laboratory report prepared at request of police for use in prosecuting specific defendant is testimonial evidence. State v. Miller, 208 Or App 424, 144 P3d 1052 (2006), on reconsideration 210 Or App 176, 149 P3d 1251 (2006)
Requiring defendant to subpoena criminalist who prepared laboratory report introduced by state violates defendant’s right to confront witnesses. State v. Birchfield, 342 Or 624, 157 P3d 216 (2007)
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