Legal Opinion
State v. Tester
Supreme Court of Vermont
Decided January 30, 2009No. 2007-097PublishedCited by 17 opinions
1Opinion of the CourtDooley, J.
¶ 1. The issue on appeal is whether the trial court erred in admitting certain DNA evidence under Vermont Rule of Evidence 702 and the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Defendant contends on various grounds that the DNA test results offered into evidence in this case should not be admissible. Although we agree in part, we conclude that the improper admission of the DNA evidence was harmless beyond a reasonable doubt and affirm.
¶ 2. On September 27, 2005, defendant was arraigned on charges of felony sexual assault of a…
2Cases cited34 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- State v. CauthronWashington Supreme Court · 1993
- State v. StreichSupreme Court of Vermont · 1995
- State v. CarterNebraska Supreme Court · 1994
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3Cited by17 opinions
- Humberston v. Chevron U.S.A., Inc.Superior Court of Pennsylvania · 2013
- Deloney v. StateIndiana Court of Appeals · 2010
- United States v. McCluskeyDistrict Court, D. New Mexico · 2013
- State v. Leo Paul Pratt IISupreme Court of Vermont · 2015
- State v. ScottSupreme Court of Vermont · 2013
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