Warner v. State

The state failed to lay a proper chain of custody foundation for a blood test, which allegedly showed that the defendant had herpes and might have infected the rape victim.

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Reginald Warner appeals his conviction for rape, alleging that the trial court committed the following errors: admitting the results of a blood test without a proper chain of custody having been established; allowing the victim to testify about her past sexual history; and failing to strike a juror who allegedly expressed bias. Because we agree that the trial court abused its discretion in admitting the results of a blood test without the proper foundation being laid, we reverse. Viewed favorably to the jury’s verdict,1 the evidence shows that Warner is a cousin of the 19-year-old victim’s stepfather. On May 20, 2003, he went to the victim’s home, asked to use the telephone, and was admitted by her. After using the telephone, Warner raped the victim. She did not report the rape immediately; however, a few days after the rape, she felt a burning in her vaginal area and subsequently went to the emergency room. She learned that she was suffering from a primary outbreak of herpes simplex type II,2 which usually occurs between 24 hours and 8 days after contact with an infected person. The victim had not previously been diagnosed with herpes.

At trial, there was testimony about several blood tests conducted by the State to determine whether Warner had herpes. On two occasions, Warner’s blood was sent to the State laboratory, but was unable to be tested. On a third occasion, Warner’s blood was successfully tested, and the test indicated that he had herpes simplex type II. Warner also arranged for blood tests to be performed by Quest Diagnostics on two other occasions, once on November 4, 2003, and once on November 17, 2003. The results of the first test were positive for herpes simplex type II, while the results of the second test were negative.

Warner v. State

The state failed to lay a proper chain of custody foundation for a blood test, which allegedly showed that the defendant had herpes and might have infected the rape victim.

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