CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Kelly Test (Kelly-Frye)
.........What is Not Subject to Test
............DNA Database Search
4 Cards On This Topic:
  • Product rule to calculate odds in cold hit case reliably shows rarity of the genetic profile in population group, and its admissibility in a cold hit case is question of relevance, not scientific acceptance, so not subject to Kelly test.
  • Although the product rule is not the ••only•• available method of statistical analysis in a cold hit case, it is relevant and thus admissible.
  • Both the frequency and the random match probability are relevant in cold hit cases.
  • A "cold hit" from a DNA database is not subject to Kelly-Frye standard of admissibility when used merely to identify a possible suspect.