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State v. Moore

Citation. State v. Moore, 885 P.2d 457, 268 Mont. 20, 51 Mont. St. Rep. 1151 (Mont. Nov. 22, 1994)
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Brief Fact Summary.

Defendant, Larry Moore, was charged with murdering Brad Brisbin. He gave conflicting testimony regarding his encounters with Brisbin the day he was killed. DNA evidence was used connecting Defendant to the murder by analyzing blood, muscle, and tissue found in the Defendant’s truck.

Synopsis of Rule of Law.

DNA testing satisfies the Daubert standard for admission.


Larry Moore, Defendant, was charged with murdering Brad Brisbin. The body was never recovered, but Brisbin’s wife testified that he had said Defendant called and asked to meet him at a truck stop. Defendant gave inconsistent statements regarding Brisbin. DNA evidence was allowed on the analysis of human blood and small pieces of human muscle and brain tissue found in Defendant’s truck. The DNA evidence showed that the evidence could have come from Brisbin, but it was not conclusive.


Was the DNA properly allowed and admissible under Daubert?


The Montana Supreme Court found that the trial court properly allowed the DNA evidence.


The Montana Supreme Court carefully and thoroughly reviewed the analysis and science of DNA testing before allowing admission as is necessary under Daubert.

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