Friday, May 14, 2004

6th Circuit Upholds Mitochondrial DNA Testing

The Sixth Circuit has published an important decision upholding the reliability of mitochondrial DNA testing in a criminal case, as well as statistical testimony concerning the probabilities of a match between a given sample and a random member of the general population. See United States v. Beverly, No. 00-3617 (6th Cir. May 12, 2004) (Boggs, Norris, & Bell, JJ.).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.