What is the Kelly rule on improper laboratory testing?
California, United States of America
The following excerpt is from The People v. Tillett, 108 Cal.Rptr.2d 76 (Cal. App. 2001):
17. "'The Kelly[] rule tests the fundamental validity of a new scientific methodology, not the degree of professionalism with which it is applied. [Citation.] Careless testing affects the weight of the evidence and not its admissibility, and must be attacked on cross-examination or by other expert testimony.'" (People v. Morganti, supra, 43 Cal.App.4th at p. 667.)
17. "'The Kelly[] rule tests the fundamental validity of a new scientific methodology, not the degree of professionalism with which it is applied. [Citation.] Careless testing affects the weight of the evidence and not its admissibility, and must be attacked on cross-examination or by other expert testimony.'" (People v. Morganti, supra, 43 Cal.App.4th at p. 667.)
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