DNA: Strmix® Probabilistic Genotyping Technology Satisfies The Kelly Standard (People v. Davis (2022) 75 Cal.App.5th 694)
May 25th, 2022
  • STRmix® is generally accepted in the relevant scientific community

 

  • Court could rely on validation witness with vested interest in the technology

 

  • Proprietary software can achieve general acceptance without disclosure of source code
  • Technology with subjective component can be generally accepted

 

  • STRmix® not vulnerable to Evidence Code § 352 objection

 

  • Not an improper expert opinion that the defendant is guilty
  • -CC 332 permitted jury to give whatever weight to and draw whatever conclusions from DNA’s expert testimony it deemed appropriate

Re: DNA generally see also FORECITE:

 


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