Section 10.36 Statistics

• Library: Criminal Practice 2012 Supp

d. (§10.36) Statistics

In State v. Davis,814 S.W.2d 593 (Mo. banc 1991), the Supreme Court of Missouri examined decisions from other jurisdictions. While the Court determined that the basic principles of DNA are generally accepted in the scientific community, the Court did note that other jurisdictions had questioned “the reliability of statistical means utilized to derive a numerical power of identity.” Id. at 602. Davis makes no further mention of possible DNA statistical issues. The next Missouri court to look at DNA statistical issues was the court in State v. Funke, 903 S.W.2d 240 (Mo. App. E.D. 1995). In Funke statistics were attacked for the first time on appeal, and the court held that there was no plain error in the admission of the statistical evidence. Id. at 244. The trial court in...