U.S. v. Luke, 63 M.J. 60

Trial Stages: Post-Trial Hearings: DuBay / Factfinding Hearings

1. newly discovered evidence brought forth by appellant that the forensic chemist who testified for the prosecution with respect to DNA evidence in the case (1) had engaged in improper practices at the government testing laboratory, such as cross-contamination, alteration of evidence, and entry of false data, and (2) had access to the evidentiary samples tested in the case, was sufficient evidence to warrant a further factfinding inquiry under United States v. DuBay, 17 CMA 147, 37 CMR 411 (1967), as to whether he contaminated appellant’s DNA sample or otherwise falsified pertinent test results