THE SHELLOW COLLECTION
 Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

Evidence: Physical Evidence

    1.    Blood Evidence: Presumptive Tests
    2.    Evidence: Chain Of Custody
    3.    Charging Document/Warrants

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Blood Evidence: Presumptive Tests

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION # 1:

    A screening or presumptive test for blood is not sufficient standing alone to prove that a substance is blood, let alone human blood.

AUTHORITIES:

State v. Wind, 60 Wis. 2d 267, 208 N.W.2d 357 (1973) (presumptive test for marijuana non-specific, so insufficient to prove possession at trial); State ex rel. Huser v. Rasmussen, 85 Wis. 2d 441, 270 N.W.2d 62 (1978) (cocaine; non-specific presumptive test would be insufficient proof of identity of substance at trial); State v. Jackson, 161 Wis. 2d 527, 468 N.W.2d 431 (1991) (nothing to show cocaine screening test was specific to cocaine; would be enough to establish probable cause, but not to support conviction).

SAMPLE INSTRUCTION # 2:

    It is up to you to determine what weight you will give to the blood test evidence. You are not required to accept such evidence even though it may be uncontradicted. You should give the blood test evidence such weight as you feel is appropriate in reaching your verdict.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Evidence Generally.

RELATED NCJIC MATERIALS:

See generally NCJIC Volume 4: Evidence--Issues And Instructions.

See NCJIC 32.7.1 [Challenging Prosecution Forensic Evidence: Blood Testing].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

2.    Evidence: Chain Of Custody

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    In weighing the testimony of government chemists, you may consider whether a continuous chain of possession has been proven between the point of acquisition of the drug by the government and the tests performed by the chemist.

AUTHORITIES:

United States v. Keine, 424 F.2d 39, 40-41 (10th Cir. 1970); United States v. LePera, 443 F.2d 810, 812 (9th Cir. 1971).

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Parkison, No. 75-CR-73 (E.D. Wis. 1976); United States v. Robinson, et al., No. 78-CR-106 (E.D. Wis. 1979).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Chain Of Custody.

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Substance Testing/Identification Instructions.

See also THE SHELLOW COLLECTION: Evidence Generally.

See also THE SHELLOW COLLECTION: Witnesses: Expert Witnesses.

RELATED NCJIC MATERIALS:

See generally NCJIC Volume 4: Evidence--Issues And Instructions.

See NCJIC 25.2.6 [Consideration Of Whether Exhibits Are The Same Objects And In The Same Condition As When Originally Seized].

See also NCJIC 88.1.8 [Factors To Consider In Evaluating Analysis Of The Drug Or Substance].

See also NCJIC 89.5.12 [Drunk Driving: Chain Of Custody Challenge To Blood Alcohol Test].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

3.    Charging Document/Warrants

    See THE SHELLOW COLLECTION: Evidence – Charging Document/Warrants.