State v. Moore

885 P.2d 457 (1994)

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State v. Moore

Montana Supreme Court
885 P.2d 457 (1994)

CR

Facts

Brad Brisbin disappeared on November 9, 1990. His body was never recovered and Larry Moore (defendant) was tried for Brisbin’s murder. At trial, Brisbin’s wife testified that Moore had asked her husband to meet Moore at a truck stop and evidence showed that Moore was seen returning in his truck from the area to where Brisbin had travelled earlier in the day. Moore made various conflicting statements, including statements that Moore and Brisbin had been together and that Brisbin had an accident with a gun in Moore’s truck. The court denied the defense’s pretrial motion to preclude DNA evidence, but granted the defense’s motion to exclude testimony about statistical calculations based on the DNA evidence. The results of restriction fragment length polymorphism (RFLP) and polymerase chain reaction (PCR) types of DNA analysis on blood, muscle and brain tissue found in the cab of Moore’s truck were admitted into evidence. Experts from the testing labs testified that the muscle samples tested using RFLP analysis “could not be excluded as having come from” the biological father of Brisbin’s children, and that the tissue tested using PCR analysis was “consistent with” Brisbin’s mother’s DNA. Moore was convicted and appealed his conviction to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Nelson, J.)

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