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In re D.J.R.

Regardless of whether the doctor was board certified in forensic pathology, he possessed the requisite qualifications to serve as the county medical examiner according to Texas Code of Criminal Procedure Article 49.25 �2. Whether board certification should be added to the minimum qualifications is a matter the court leaves to the discretion of the Legislature. El Paso Court of Appeals, No. 08-07-00354-CV, 02-17-2010

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OPINION ON MOTION FOR REHEARING

We issued our original opinion on January 6, 2010. In the following days, a tsunami of public interest has flooded this community and our opinion has been swept along with the current. D.R. has filed a motion for rehearing asking us to revisit the expert qualifications of Dr. Paul Shrode, the El Paso County Medical Examiner, “in light of recent public inquiries into the extent and veracity of Dr. Shrode’s stated professional qualifications.” We begin with the simple observation that the issues surrounding Dr. Shrode now are not the same issues which were presented to the trial judge, the Honorable Alfredo Chavez, when this case was tried.*fn1

PROCEDURAL POSTURE AT TIME OF TRIAL

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