[DOWNLOAD] "State v. Anderson" by New Mexico Supreme Court # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State v. Anderson
• Author : New Mexico Supreme Court
• Release Date : January 25, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

BACA, Justice. In this opinion, we address the subject of the admissibility of deoxyribonucleic acid ("DNA") evidence in New Mexico to inculpate
the accused and, more specifically, the admissibility of this evidence obtained through the methods utilized by the Federal
Bureau of investigation ("FBI"). We granted the State's petition for writ of certiorari pursuant to SCRA 1986, 12-102(A)(6)
(Repl. Pamp. 1992) to review the Court of Appeals' decision holding the State's DNA evidence inadmissible at trial. The Court
of Appeals held that the DNA evidence linking Defendant to the crime was inadmissible because the State failed to prove that
the FBI's current database and statistical methodology were generally accepted in the scientific community as required by
the rule set out in Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (D.C. Cir. 1923). State v. Anderson, 115 N.M. 433,
853 P.2d 135 (Ct. App.), cert. granted, 115 N.M. 145, 848 P.2d 531 (1993). On appeal, the State argues that (1) the Frye standard
is the appropriate standard to determine the admissibility of scientific evidence such as DNA typing and (2) that the procedures
and calculations used in the scientific community to determine the probability of a coincidental match meets the Frye standard.
Because this Court recently abandoned the use of the Frye test in New Mexico to determine the admissibility of scientific
evidence, State v. Alberico, 116 N.M. 156, 861 P.2d 192 (1993), we address only one issue: Whether the procedures and calculations
used in determining the probability of a coincidental DNA match meet the standard provided by our rules of evidence in SCRA
1986, 11-702 (Repl. Pamp. 1994) (testimony by experts), SCRA 1986, 11-703 (Repl. Pamp. 1994) (bases of expert opinion testimony),
SCRA 1986, 11-403 (Repl. Pamp. 1994) (exclusion of relevant prejudicial evidence) and explained in detail by this Court in
Alberico.1 We reverse the Court of Appeals and affirm the trial court's ruling.

Free Books Download "State v. Anderson" PDF ePub Kindle