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.
The trial court should grant a motion for a directed verdict of acquittal only when there is no evidence to support a guilty verdict.View Full Point of Law
Issue. Was the DNA properly allowed and admissible under Daubert?
Held. The Montana Supreme Court found that the trial court properly allowed the DNA evidence.
Discussion. The Montana Supreme Court carefully and thoroughly reviewed the analysis and science of DNA testing before allowing admission as is necessary under Daubert.