Section 10.38 Laboratory Reports as Hearsay

• Library: Criminal Practice 2012 Supp

3. (§10.38) Laboratory Reports as Hearsay

Missouri law currently allows the opinion of an expert, contained in a laboratory report prepared by that expert, into evidence without the presence or testimony of that expert. State v. Taylor, 486 S.W.2d 239 (Mo. 1972). “[I]t must be shown as part of the report’s foundation that the expert would be properly qualified to express an opinion if testifying in person.” State v. Mahan, 971 S.W.2d 307, 316 (Mo. banc 1998). In Mahan the State sought admission of a blood test for human immunodeficiency virus (HIV)...