CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Kelly Test (Kelly-Frye)
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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.