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(DOWNLOAD) "State v. Bartylla" by Supreme Court of Montana # eBook PDF Kindle ePub Free

State v. Bartylla

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eBook details

  • Title: State v. Bartylla
  • Author : Supreme Court of Montana
  • Release Date : January 21, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Appellant Nicholas E. Bartylla was convicted of murder in the first degree while committing criminal sexual conduct in violation of Minn. Stat. § 609.185(a)(2) (2006), and was sentenced to life imprisonment for the November 9, 2002, murder of May Mary Pelto. At Bartylla?s trial, the State presented evidence indicating that the profile of DNA left at the Pelto crime scene was a "cold hit" match to the profile of Bartylla?s DNA, which had been entered into a state-mandated DNA database of known DNA providers. In this direct appeal, Bartylla argues through counsel that: (1) the taking of his DNA sample under Minn. Stat. § 609.117 (2002) was a warrantless, suspicionless search in violation of the Fourth Amendment of the United States Constitution and Article I, Section 10, of the Minnesota Constitution; (2) the trial court erred in allowing an expert to use the "product rule" to describe the statistical significance of the cold hit DNA match; and (3) admission of evidence of Bartylla?s previous burglary conviction prejudiced Bartylla?s right to a fair trial. In his pro se supplemental brief, Bartylla alleges 14 additional trial errors. We affirm.


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