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Principles of Forensic DNA for Officers of the Court

Expert Assistance: Disclosure of Theory of Defense

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If the request for expert assistance involves disclosure of a theory of defense, counsel for the defendant may seek to submit the motion ex parte and under seal, request that any court proceeding addressing the request be held in camera, and have the record from that hearing also be placed under seal. This process ensures the creation of a full record and permits appellate review if the request is denied.

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