State v. Ragland

GEER, Judge.

Defendant Joseph Ragland appeals from his conviction of second degree rape, two counts of second degree forcible sex offense, and sexual servitude. On appeal, defendant primarily contends that the trial court committed plain error when it allowed the State’s expert witness to testify that certain DNA evidence could have come from no one else in the world other than defendant. We agree that this testimony constituted the “prosecutor’s fallacy” that the United States Supreme Court found improper in McDaniel v. Brown, 558 U.S. 120, 175 L. Ed. 2d 582, 130 S. Ct. 665 (2010) (per…