State vs. Scott

The appellant in this case was arrested and charged with the rape and aggravated sexual battery of a nine-year-old child in Davidson County. Prior to trial, the State conducted various types of DNA analysis on several pieces of evidence, and the appellant, who is indigent, requested state-funded expert assistance in the field of DNA analysis to prepare his defense. The trial court denied the appellant's motion for expert assistance and declined to hold a hearing to establish the reliability of mitochondrial DNA analysis. The trial court also held that the State properly established the chain of custody for certain hairs removed from the victim during her physical examination. The appellant was found guilty by a jury on both charges, and the Court of Criminal Appeals affirmed the convictions and sentences. On appeal to this Court, we address the following issues: (1) whether the appellant was entitled to expert assistance in the field of DNA analysis under State v. Barnett, 909 S.W.2d 423 (Tenn. 1995) and Tennessee Supreme Court Rule 13; (2) whether the trial court erred in failing to hold a pre-trial hearing on the reliability of mitochondrial DNA analysis; and (3) whether the State's failure to establish a chain of custody as to certain hairs retrieved from the victim was error. For the reasons given herein, we hold that although the appellant was not entitled to a pre-trial hearing on the reliability of mitochondrial DNA analysis, he was entitled to receive expert assistance in the field of DNA analysis. We also hold that the State failed to properly establish the chain of custody of the hair samples. We reverse the appellant's convictions and sentences, and we remand this case to the Davidson County Criminal Court for a new trial on both counts of the indictment.