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STATE v. NORTON

No. 67, September Term, 2014.

117 A.3d 1055 (2015)

443 Md. 517

STATE of Maryland, v. Harold Albert NORTON, Jr.

Court of Appeals of Maryland.

July 9, 2015.

Attorney(s) appearing for the Case

Gary E. O'Connor , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Petitioner.

Bradford C. Peabody , Asst. Pub. Def. ( Paul B. DeWolfe , Pub. Def. of Maryland, Baltimore, MD), on brief, for Respondent.

Leonard R. Stamm, Esq. , Goldstein & Stamm, P.A., Greenbelt, MD, Charles R. Koster, Esq. , White & Case, LLP, Dana N. Delger, Esq. , M. Chris Fabricant, Esq. , David Loftis, Esq. , New York, NY, Seth Miller, Esq. , Tallahassee, FL, for Amicus Curiae brief of the Innocence Network in support of Respondent.

Argued before: BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, and WATTS, JJ.

This case presents us with the question of whether a Forensic DNA Case Report, not executed under the penalty of perjury, but containing the language of "within a reasonable degree of scientific certainty", was testimonial within the meaning of Williams v. Illinois, 567 U.S. ___, 132 S.Ct. 2221

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