Does the fact that it could not be conclusively proven that defendant deposited his DNA at the time of the crime preclude the jury from considering prosecution experts' opinions on the matter?

California, United States of America


The following excerpt is from People v. Morris, D064450 (Cal. App. 2015):

The fact that it could not be conclusively proven that defendant deposited his DNA at the time of the offenses did not preclude the jury from considering the prosecution experts' opinions on the matter as a relevant factor along with all the other evidence and to decide what weight to give the evidence. (See People v. Jones (2013) 57 Cal.4th 899, 941-942; People v. Vernon (1979) 89 Cal.App.3d 853, 869.) Further, this case is not in the same posture as the cases cited by defendant where the courts found insufficient

Page 30

evidence to support the guilty verdict under circumstances where the sole evidence against the defendant was fingerprint evidence. Even if in some circumstances it might be appropriate to require a showing that fingerprints could have been impressed only at the time of the crime (see, e.g., Mikes v. Borg (9th Cir. 1991) 947 F.2d 353, 356-361), the circumstances of this case, which include evidence in addition to the DNA evidence, do not require such a definitive showing to support the jury's verdict.

Other Questions


Is an expert's need to consider extrajudicial matters, and a jury's need for information sufficient to evaluate an expert opinion? (California, United States of America)
When a defendant is charged with a similar crime to the charged crime, does the prior offence have to be proven to prove a common plan? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
How have the courts treated the prosecution's proffer by the prosecution of opinions rendered by qualified experts using scientifically accepted methods of analysis? (California, United States of America)
Does advance planning of a crime preclude a finding that a defendant was insane at the time of the crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is the prosecution required to prove Page 17 of the Penal Code that a defendant fled the scene of the crime because of fear of prosecution? (California, United States of America)
In what circumstances will a jury consider each crime and the relevant evidence in the order in which each crime should be considered? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.