A habeas applicant was previously convicted of possession of a controlled substance and sentenced to eight years’ imprisonment. He did not appeal his conviction. The defendant contends that his due process rights were violated because a forensic scientist did not follow accepted standards when analyzing the evidence and therefore the results were unreliable.
A Department of Public Safety report shows that the lab technician who was solely responsible for testing the evidence in this case is the scientist found to have committed misconduct.
The Court of Criminal Appeals held that the technician’s actions are not reliable, and custody was compromised. The result was a due process violation, to which the defendant is entitled to relief.
AttorneySouth Texas College of Law Houston, Georgia State Bar, Texas State Bar
After practicing law in Oklahoma, Jonathan returned to his native Galveston to establish Zendeh Del & Associates, PLLC, where he and his wife are law partners.
Year after year, Jonathan is named in Super Lawyers® Magazine and featured in Texas Monthly Magazine. Jonathan has achieved an AV Preeminent® Rating from Martindale-Hubbell® and has a 100% Client Review Rating. Jonathan has been named on The National Trial Lawyers’ “Top 100 Trial Lawyers” list. Jonathan has also received an Avvo Rating of 10.0 Superb for his experience, industry recognition, and professional conduct as a lawyer.
Jonathan practices in the areas of DWI/DUI defense, criminal defense, and personal injury law.
Areas of Expertise:
DWI, Criminal Defense, Personal Injury
