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Judges: DNA admittance was harmless error

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The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.

DNA evidence is admissible when the DNA analysis indicates a defendant’s profile is consistent with DNA found at the crime scene because that evidence has a high probative value, wrote Judge Melissa May. But the judges had to look to other jurisdictions for guidance on admitting DNA when a defendant can’t be excluded from a high number of people matching the DNA and the DNA expert can’t offer a statistical probability whether the crime-scene DNA came from the defendant.

In Quintez Deloney v. State of Indiana, No. 22A01-0906-CR-273, Quintez Deloney appealed his convictions of and sentences for Class A felony attempted robbery resulting in serious bodily injury and Class A felony burglary resulting in bodily injury. At his trial, a DNA technician testified regarding DNA collected from a red hat found at the crime scene. She said the DNA sample had DNA from two or three people and that she could neither exclude nor include Deloney from the DNA profiles.

Using the approach that requires accompanying statistical data for DNA evidence to be admissible, the judges concluded that the technician’s testimony lacked relevancy and shouldn’t have been admitted. The technician was unable to give any statistical analysis of the probability of a match, so her testimony couldn’t help the jury understand the evidence or make the existence of some fact more probable or less probable, wrote Judge May.

Admitting the DNA evidence was a harmless error, however, because there was substantial independent evidence of Deloney’s guilt.

The appellate court affirmed Deloney’s conviction of and sentence for Class A felony burglary, but vacated his conviction of Class A felony robbery to prevent double jeopardy. The judges ordered on remand that his sentence be reduced to Class C felony robbery and wrote that the trial court should consider whether it wants to shorten his sentence for burglary based on their ruling that the lower court erred by finding an aggravator in the victim’s alleged mental infirmity at the time of the crime.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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