Allen & Diggs v. State

In this case, we address whether a criminal defendant may introduce at trial evidence of a DNA “match” to prove the identity of another individual without first establishing additional confirmatory testing pursuant to Md.Code (2003, 2011 Repl.Vol., 2014 Supp.), § 2-510 of the Public Safety Article (“PS”). PS § 2-510 provides that “[a] match obtained between an evidence sample and a data base entry may be used only as probable cause and is not admissible at trial unless confirmed by additional testing.” Based on the plain language of the statute, we answer the question posed in the negative.…