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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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