STATE v. MOSS

No. 1 CA-CR 05-0306.

160 P.3d 1143 (2007)

STATE of Arizona, Appellant, v. Troy Richard MOSS, Appellee.

Court of Appeals of Arizona, Division 1, Department D.

May 29, 2007.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General, By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Andrew P. Thomas, Maricopa County Attorney, by Elizabeth B. Ortiz, Deputy County Attorney, Phoenix, Attorneys for Appellant.

James J. Haas, Maricopa County Public Defender, by Charles R. Krull, Deputy Public Defender, Karen M.V. Noble, Deputy Public Defender, Phoenix, Attorneys for Appellee.


OPINION

GEMMILL, Judge.

¶ 1 The State appeals the trial court's pretrial order precluding the State's expert toxicologist from testifying to the results of tests of Defendant's blood performed by non-testifying witnesses and from offering opinions based in part on the test results. The trial court concluded that permitting this testimony from the State's expert would violate Defendant's constitutional right to confront the witnesses against him. We...

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