CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Kelly Test (Kelly-Frye)
.........State Rule
 21 Cards On This Topic:
  • Kelly test summarized.
  • Scientific test inadmissible until sufficiently established to have gained general acceptance in particular field to which it belongs.
  • Frye test reaffirmed as standard for admissibility of new scientific tests; test discussed.
  • No abuse of discretion in ruling foundational requirements for admission of D's "forensic image enhancement" expert's testimony and process not met under Kelly/Frye.
  • Even assuming expert testimony on fire ants' attraction to semen on V should have been excluded, admission harmless where there was ample evidence of rape and alternative explanations for absence of semen.
  • Kelly approach remains prerequisite to admitting expert testimony re new scientific methodology.
  • By failing to raise at trial, D waived Kelly/Frye challenge to expert testimony re tests for lidocaine levels in murder victims' bodies; test discussed.
  • E's testimony concerning the general location of D's cell phone re cell towers to which the phone connected during the hours before and after the charged robbery was admissible under Kelly and EC §801 and EC §802.
  • In forcible rape case, deoxyribonucleic acid evidence, based upon analysis of mixed samples, was properly found to be generally accepted in the scientific community.
  • Partition ratio used to convert urine-alcohol measurement into blood-alcohol equivalent is relevant in VC 23152 prosecution; prejudicial error to preclude cross-exam on subject.
  • E's testimony on effects of meth on human behavior based on method of research generally accepted in scientific community, as was opinion that person with D's symptoms and amount of meth in his blood would not be able to drive safely.
  • Forensic toxicologist's testimony properly admitted where he relied on types of matter that reasonably may be relied on by an expert in forming an opinion.
  • Based on out of state precedent, STR testing found generally accepted in scientific community.
  • Identification of "relevant scientific community" for purposes of determining general acceptance under Kelly.
  • Court of Appeal properly reviewed scientific literature not before trial ct. to determine if Kelly-Frye general acceptance test met; process discussed.
  • Kelly-Frye rule explained; court need not decide whether technique absolutely reliable, only that it is generally accepted; may look to other jurisdictions.
  • Showing required for new technique to satisfy Kelly-Frye; single witness may not be enough.
  • Kelly-Frye Rule applied to child molest syndrome in juvenile dependency hearing.
  • Kelly-Frye test described; proponent has burden of showing general acceptance.
  • There is no requirement that the admissibility of scientific-test evidence must be predicated on a 100 percent degree of accuracy.
  • HLA satisfies Kelly-Frye; may be used to prove paternity, as well as nonpaternity; and admission of statistical results does not violate Evid. Code §352.


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