Secondary Legal Authorities and Chain of Custody - Essay Example

MEMORANDUM Re: Chain of Custody September 24, 2008 The predicate for the admission of material and relevant real evidence is that the exhibit has been (1) satisfactorily identified and (2) authenticated to be the identical object that is in issue and (3) that its condition has not been substantially changed or altered since the date in question1. Texas Rules of Evidence, Rules 901 & 902.Lack of positive identification goes to weight and not admissibility. Id. Where the witness offering the exhibit does not have continuous custody of the exhibit and cannot testify that the exhibit is now in the same condition as on the date in question, proof of chain of custody is required unless waived. Jones v. State, 617 S.W.2d 704, 706 (Tex.Cr.App.1981). Chain of custody is established by having each witness who had possession of the exhibit testify (1) from whom he received the exhibit (2) to whom he gave the exhibit and (3) that the exhibit was not changed or altered while in his custody.

It should be noted that mailing evidence does not break the chain of custody. Patterson v. State2, 598 S.W.2d 265 (Tex.Cr.App.1980).The requirement of authentication without establishing a chain of custody is satisfied by evidence that the exhibit is what the proponent claims it to be. Lewis v. State3, 493 S.W.2d 778, 779(Tex.Cr.App.1973). This includes accurate demonstrative evidence, exhibits with serial numbers or distinctive characteristics, recognized handwriting and self-authenticated exhibits. Id.