Is DNA testing subject to limited de novo review on appeal?

California, United States of America


The following excerpt is from People v. Leahy, 34 Cal.Rptr.2d 663, 8 Cal.4th 587, 882 P.2d 321 (Cal. 1994):

Finally, the Attorney General suggests we should adopt an abuse of discretion standard of appellate review, rather than permit a de novo review at the appellate level. (See People v. Barney, supra, 8 Cal.App.4th at pp. 810-811, 10 Cal.Rptr.2d 731 [general acceptance of DNA testing subject to "limited de novo review" on appeal].)

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