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:
Tags: CC 315, CC 332, Expert Testimony, Sample Instructions