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STATE v. TESTER

No. 07-097.

968 A.2d 895 (2009)

2009 VT 3

STATE of Vermont v. Paul TESTER.

Supreme Court of Vermont.

January 30, 2009.

Attorney(s) appearing for the Case

Keith W. Flynn, Orleans County State's Attorney, and Alan C. Franklin, Deputy State's Attorney, Newport, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. DOOLEY, J.

The issue on appeal is whether the trial court erred in admitting certain DNA evidence under Vermont Rule of Evidence 702 and the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Defendant contends on various grounds that the DNA test results offered into evidence in this case should not be admissible. Although we...

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