United States v. Davis
United States District Court for the District of Maryland
602 F. Supp. 2d 658 (D. Md. 2009)
Earl Davis (defendant) was charged with robbery and murder after DNA on a getaway car's steering wheel and on a hat left at the scene matched his profile in a nationwide database -- a "cold hit," since no other evidence had linked him to the crime beforehand. The testing lab concluded, absent an identical twin, that Davis was the source of the DNA to a reasonable degree of scientific certainty, using a threshold of less than a 1-in-300-billion random-match probability. Davis moved to exclude the DNA evidence, arguing that scientists disagree on which of three valid methodologies best calculates the probability that a cold-hit match is random, and that source-attribution statements should be categorically inadmissible.
Whether an expert witness's source-attribution statement is admissible if it indicates that a defendant is the source of DNA evidence to a reasonable degree of scientific certainty.