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State v. Pickett

246 A.3d 279 (2021)

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State v. Pickett

New Jersey Superior Court, Appellate Division
246 A.3d 279 (2021)

  • Written by Haley Gintis, JD

Facts

In 2017 the state of New Jersey (plaintiff) charged Corey Pickett (defendant) with murder. The state sought to introduce forensic evidence that Pickett’s DNA matched the DNA found on two revolvers and a ski mask recovered near the crime scene. The DNA match was obtained by a private company that had developed a software program to identify DNA profiles from smaller samples or from samples that included multiple DNA profiles. Because the method of DNA profiling used, called probabilistic genotyping, had not been previously deemed as reliable, the state requested a Frye hearing. The trial court granted the request. An expert testified that the software program had been correctly coded to obtain reliable DNA profiles. In response, Pickett filed a motion requesting the software’s source code and all records regarding the software’s glitches, errors, and unexpected results. Pickett sought the information to form an argument challenging the software’s reliability, particularly because issues had been raised concerning a similar program’s source code. The trial court denied the motion on the ground that the information Pickett requested constituted trade secrets. The decision was appealed.

Rule of Law

Issue

Holding and Reasoning (Fasciale, J.)

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