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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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