State v. Leer, No. 86863-2-I (Dec. 30, 2024):  COA Division-1 Gives us a Binding Opinion on Expired Vials!

WA Crash Prosecutors - COA Div-I agrees with us and follows the reasoning in Keller, the trial court must confine its foundational thresholds to admission to the four-corners of the statute (RCW 46.61.506(3) & WAC 448-14-020(3)). Analysis prior to the lapse of the vial's expiration date is NOT a requirement and subsequent analysis does not per se bar admission of the tox. Further - and this is another important part - the court noted that the state's 702 witness testified that the lapse of the expiration would not adulterate the sample based on the stability studies relied upon by our expert and discussed on the record, no Frye challenge was properly raised nor preserved. This goes a bit further than the holding in Kanta from Div-II and it's published! The panel also added some interesting dicta about the defendant's use of parol evidence, a declaration offered in an unrelated case but filed in this case (if you've ever litigated this issue, you're familiar with this declaration).

Kudos to Mason County DPA Tim Higgs who successfully argued the case!

Reach out to your TSRP for briefing and guidance.

DOWNLOAD OPINION HERE & CITE AWAY

Cheers!

Brad & Michelle