An Arizona judge has reversed a lower court order that tossed out DNA evidence in the murder case of Allison Feldman. Here's what to know about the murder case, and details on the judge's ruling.
, we reported that a Maricopa County judge threw out the DNA evidence because that judge believed the DNA test conducted on Mitcham's blood "exceeded scope of consent."
Mitcham, according to the ruling, signed a DUI Blood/Urine Results Destruction Notice, which stated that the second vial of blood would be destroyed after 90 days if a request for testing was not made. Prosecutors reportedly argued that a legal doctrine known as "inevitable discovery" would have applied, as they believe they would ultimately obtain a DNA example from the defendant via surveillance, ruse, or disposition of Mitcham's DUI or drug possession cases."It would give any judge some pause as to whether this evidence should be suppressed.
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