CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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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?