STATE V. MOORE
885 P.2d 457 (1994)
NATURE OF THE CASE: Moore (D) appealed a conviction for murder and challenged the
introduction of DNA evidence after statistical evidence related to DNA testing was excluded.
FACTS: Moore (D) was charged with the murder of Brisbin. Brisbin disappeared without a
trace on the morning of November 9, 1990. No body was recovered but his wife testified and
said that he was going to meet with D at a truckstop. There was evidence that Brisbin went
to that stop. There was also evidence that D returned from that stop later that day and that
D had made inconsistent statements about Brisbin, that a gun accident had occurred in his
car and that Brisbin had driven off with an unidentified woman. Before trial the defense
moved to exclude all DNA evidence, but the court denied that motion. The defense then moved
to exclude all statistical calculations about that evidence; which would have shown that
there was a probability that the match between the tissue samples and the Brisbin children
was not coincidental. The trial court granted that motion. The court then admitted DNA
analysis of the human blood and small pieces of human muscle and brain tissue found in the
cab of D's truck. An expert then testified that the samples it analyzed could not be
excluded as having come from the biological father of Brisbin's children. An expert also
testified that the DNA in the muscle tissue was consistent with that of Brisbin's mother.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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