Posted On: September 21, 2009
CALIFORNIA EVIDENCE: EXPERT DOESN'T MEET KELLY REQUIREMENT
Two issues arise in this interesting criminal case:
[1] Kelly rule (formerly Kelly-Frye), forensic image enhancement expert (for fuzzy photographs) was properly excluded where the expert could neither identify the software he used nor "satisfactorily explain the nature of the process he used."
That the software was commonly used is not enough.
[2] There was no duty to inform spouse testifying against her husband of the spousal privilege.
People v. McWhorter (2009) 47 Cal.4th 381 (Baxter 7-0)
