CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Kelly Test (Kelly-Frye)
.........Proper Procedures Used?
7 Cards On This Topic:
  • Trial court did not err in admitting evidence of electrophoretic testing of bloodstains on tennis shoes found in D's garage.
  • Evidence re knife scraping tests for blood properly admitted under Kelly test.
  • Trial court properly admitted DNA evidence under Kelly and did not abuse its discretion in finding DOJ used correct scientific procedures in calculating random match frequencies using fixed bins.
  • Third prong of Kelly-Frye (proper scientific procedures actually used) subject to pretrial hearing on admissibility.
  • Careless testing affects weight of evidence, not admissibility.
  • Particular application of test previously accepted as reliable properly admitted, absent contrary evidence.
  • Proper procedures used?