SANCTIONS AWARDED PURSUANT TO SECTION 57.105(1) MAY NOT INCLUDE COSTS--THE FEE CHARGED BY A LAWYER TO APPEAR AS AN EXPERT WITNESS IS CONSIDERED A COST NOT AN ATTORNEY’S FEE, AND IS AWARDABLE ONLY WHEN COSTS ARE PROPERLY AWARDED--CONFLICT CERTIFIED. Lana…

Discovery -- DNA swab -- Until and unless state confirms presence of testable DNA on some crime scene evidence, state's request to subject defendant to oral DNA swabs is both unconstitutional and beyond scope of permissible discovery