ILNews

COA says how to admit DNA testing analysis

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals upheld a defendant's convictions of child molesting and used the opinion to establish how documents explaining the underlying analysis of DNA testing may be admitted at a criminal trial.

In hearing the appeal of Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, the appellate court discovered after a thorough review of caselaw that there was no precedent in place to establish the admittance at a criminal trial of those documents. Richard Pendergrass appealed his child molesting convictions, arguing against the admittance of three exhibits.

A forensic biologist at the Indiana State Police Laboratory prepared Exhibit 1, a certificate of analysis; and Exhibit 2, the "profiles for paternity analysis" of Pendergras; his daughter, C.P.; and her aborted fetus, who was fathered by Pendergrass. Exhibit 3 was the paternity index a doctor prepared based on the information from first two exhibits.

Pendergrass claims those exhibits contain hearsay statements and that he was denied his Sixth Amendment right to confrontation and cross-examination of the forensic biologist at trial because her supervisor testified in the forensic biologist's place.

The Court of Appeals examined the three exhibits, Indiana Evidence Rule 803(8)(a - d)'s exception to hearsay rules, and previous caselaw to determine that the exhibits in this case are admissible.

The appellate court used the three-step test that was developed in Ealy v. State, 685 N.E.2d 1047 (Ind. 1997), for determining the admissibility of hearsay under Evidence Rule 803(8) - Public Records and Reports.

The certificate of analysis was comprised of DNA samples from C.P., Pendergrass, and the aborted fetus, and included a recording of physical conditions as observed by the forensic biologist "akin to a simple recordation of numbers and therefore admissible under the Ealy test," wrote Judge Patricia Riley.

Exhibit 2 was also admissible under the Ealy test. Like Exhibit 1, this exhibit doesn't relate to a materially contested issue before the court but a numerical, uncontested compilation of data derived from the DNA analysis of the parties, wrote the judge.

The last exhibit from the state that Pendergrass objects to - the paternity index prepared by a doctor based on Exhibits 1 and 2 - is admissible because the first two exhibits were properly admitted as exceptions to the hearsay rule pursuant to Evidence Rule 803(8) and were admitted prior to the doctor taking the stand. In addition, the doctor testified that the only method of calculating paternity is by reliance and reference to Exhibits 1 and 2, which is a method universally used within the scientific community, wrote Judge Riley.

Finally, the appellate court determined that Pendergrass' Sixth Amendment right to confront and cross-examine the forensic biologist wasn't violated. The exhibits admitted at trial prepared by the forensic biologist weren't admitted to prove he molested his daughter but to provide context for the doctor's opinion, so the admission of those exhibits didn't implicate his right to confront the witnesses against him, she wrote.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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