Legal Opinion

State v. Hummert

Court of Appeals of Arizona

Decided July 26, 1994No. 1 CA-CR 92-098PublishedCited by 5 opinions

1Opinion of the Court

OPINION

TOCI, Judge.

After a jury trial, Steven Henry Hummert (“defendant”) appeals from his convictions and sentences for two counts of sexual assault and other related offenses. The primary issue defendant raises on appeal is whether the trial court erred in admitting expert testimony that a declared “match” of DNA samples uniquely identified him as the assailant. We conclude that in the absence of generally accepted population frequency statistics for calculating the probability of a random match of DNA samples, the trial court erred in admitting such testimony. Because we do not find the…

2Cases cited45 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. BibleArizona Supreme Court · 1993
  3. State v. AtwoodArizona Supreme Court · 1992
  4. United States v. Ernest Raymond BasurtoCourt of Appeals for the Ninth Circuit · 1974
  5. United States v. Richard StevensCourt of Appeals for the Third Circuit · 1991

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3Cited by5 opinions

  1. State v. HummertArizona Supreme Court · 1997
  2. State v. JohnsonCourt of Appeals of Arizona · 1995
  3. State v. BolesArizona Supreme Court · 1997
  4. State v. ScheidellCourt of Appeals of Wisconsin · 1998
  5. State v. HummertArizona Supreme Court · 1997

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