STATE v. EVANS

No. 20190739.

500 P.3d 811 (2021)

2021 UT 63

STATE of Utah, Respondent, v. Douglas Dwayne EVANS, Petitioner.

Supreme Court of Utah.

Filed November 4, 2021.


Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Karen A. Klucznik , Asst. Solic. Gen., Salt Lake City, for respondent.

Herschel Bullen , Salt Lake City, for petitioner.

Justice Petersen authored the opinion of the Court, in which Chief Justice Durrant, Associate Chief Justice Lee, Justice Pearce, and Judge Direda joined.


INTRODUCTION

¶1 Two days after Ted Kelbach was shot in his home by an intruder, police arrested Douglas Evans for the murder. They got a search warrant to obtain a sample of Evans's DNA through a "buccal swab" of his cheek.1 But when a lab technician attempted to...

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