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Home / Opinion Digests / Criminal Law / 4th Cir.: DEA chemist’s opinion not privileged (access required)

4th Cir.: DEA chemist’s opinion not privileged (access required)

In the trial of two defendants charged with producing “spice,” the district court erred in denying their request for testimony by a DEA expert who had publicly opined in other cases that the defendants’ product was not analogous to a Schedule I controlled substance. The chemist’s opinion was accessible to everyone but the jurors. Background A jury ...