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State v. Whittey

149 N.H. 463, 821 A.2d 1086 (2003)

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State v. Whittey

New Hampshire Supreme Court

149 N.H. 463, 821 A.2d 1086 (2003)

Facts

Joseph Whittey (defendant) was charged with first-degree murder in the course of rape. A semen sample on the victim’s clothes was sent to a lab for DNA analysis. A DNA sample from Whittey was also sent to the lab. In testing DNA, the lab used a procedure called polymerase chain reaction (PCR) based short tandem repeat (STR) DNA testing. PCR-based STR DNA testing involved comparing the pattern of repeated chemicals in a known DNA sample with the pattern of repeated chemicals in an unknown DNA sample. The result of the PCR-based STR DNA testing indicated that the DNA in the semen sample on the victim’s clothes matched Whittey’s DNA profile. The trial-court judge held an evidentiary hearing to determine whether the result of the PCR-based STR DNA testing was admissible. There was evidence of numerous articles in scientific journals that acknowledged the widespread acceptance of PCR-based STR DNA testing. Further, Dr. Robin Cotton, a forensic scientist, testified that PCR-based STR DNA testing was generally accepted in the scientific community. The trial-court judge admitted the result of the PCR-based STR DNA testing. Subsequently, the jury convicted Whittey. Whittey appealed.

Rule of Law

Issue

Holding and Reasoning (Dalianis, J.)

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