PEOPLE v. NELSON

No. S147051.

43 Cal.4th 1242 (2008)

THE PEOPLE, Plaintiff and Respondent, v. DENNIS LOUIS NELSON, Defendant and Appellant.

Supreme Court of California.

June 16, 2008.


Attorney(s) appearing for the Case

Cara DeVito, under appointment by the Supreme Court, for Defendant and Appellant.

John T. Philipsborn and Linda F. Robertson for California Attorneys for Criminal Justice and California Public Defenders' Association as Amici Curiae on behalf of Defendant and Appellant.

Jennifer Friedman, Public Defender (Los Angeles); and Edward J. Ungvarsky for Los Angeles Public Defender and Public Defender Service for the District of Columbia as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, J. Robert Jibson,

Janet E. Neeley, Enid A. Camps and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.

Bonnie M. Dumanis, District Attorney (San Diego), Catherine Stephenson and James E. Atkins, Deputy District Attorneys, for Office of the District Attorney of San Diego County as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

CHIN, J.

In 2002, investigators compared evidence from a 1976 murder scene with defendant's deoxyribonucleic acid (DNA) profile and identified him as a possible donor of that evidence. He was then tried for and convicted of that murder. The prosecution presented evidence that the odds that a random person unrelated to defendant from the population group that produced odds most favorable to him could have fit the profile of some of the...

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