I'm trying to limit details, but this case is really strange. My incredible PD was promoted, but kept my case. She's very busy, I'm nervous, and I'm hoping someone here can help. Arrested '09, various delays, trial set spring '12.. At 402, blood was excluded, citing 6th/Crawford: phlebotomist unknown/name not documented & ofc. had no memory draw). Judge dismissed case over objection. DDA appealed: upheld exclusion (though cited EC 403a vs. 6th), but dismissal set aside & case remanded. 1st PT,1 week after app. order final, new DDA claims to have "found" phleb (VERY suspicious) - PD warned blood may be allowed in. How? Separate hearing? Also, DDA "found" phleb before appellate ruling, is DDA/police investigation of dismissed case problematic? Any code, case, or rule that may help clarify?
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