CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Kelly Test (Kelly-Frye)
.........Individual Prong Hearings
5 Cards On This Topic:
The fact the computer source code had not been tested by the ••broader•• scientific community does not mean it has not been approved by the relevant scientific community.
Experts who testify as to a technique's general acceptance must be disinterested and impartial.
In light of Jackson’s later analysis of the Identifiler and its methodology, trial court’s conclusion that it did not constitute a new scientific technique was proper.
Given the astronomical odds of D's DNA matching the evidentiary sample from V's body, E's opinion that D was the source of the samples to a reasonable scientific certainty was reasonable.
Use of Identifiler test kit did not require full Kelly hearing where offer of 3d prong hearing sufficed.