State v. Smith

OPINION

HOWARD, Presiding Judge:

¶ 1 Following a jury trial, Fuller Smith was convicted of two counts of molestation of a child and two counts of sexual conduct with a minor under fifteen. On appeal, Smith argues a DNA1 expert’s testimony as to the results of a saliva test violated his Confrontation Clause rights, the trial court violated his due process rights by denying Ms motion to dismiss with prejudice after two previous trials resulted in mistrials, and that insufficient evidence supported the jury’s verdicts. Because Smith’s Confrontation Clause rights were violated, we vacate Smith’s…