Buchanan v. State

Rose, J.,

with whom Leavitt, J., agrees, concurring:

I agree with the majority’s analysis and conclusion, but concur to express my concern about the use of statistical evidence in criminal trials.

In this case, several experts testified about the probability of three infants in one family being stricken with SIDS. This testimony was based on the experts’ own investigations of unexplained infant deaths as well as literature discussing the subject. The experts explained that years of research and current thinking on the subject establish the statistical improbability of SIDS occurring three times…