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Appellate panel hears challenge to CODIS match after earlier acquittal; defense faults TBI purging procedures
Summary
An appellate panel heard arguments over whether DNA in a CODIS database—tied to an acquitted 2009 arrest—should have been purged and whether a later match can sustain a conviction; the court took the case under advisement and will issue an opinion.
An appellate panel on [date of argument] heard competing legal arguments over whether DNA retained in the Combined DNA Index System (CODIS) after an acquittal should have been purged and whether a later database match lawfully produced evidence used against the appellant.
Jonathan Turner, counsel for the appellant, told the court the factual record is not in dispute: investigators found a hat at the crime scene, obtained two DNA samples from it, and a CODIS search returned a match to the appellant tied to a 2009 arrest for which the appellant was acquitted in 2012. "The TBI is not maintaining that database properly," Turner argued, saying the record contains no evidence that a subsequent 2017 arrest produced a new DNA sample entered into CODIS that would have independently explained the 2022 match.
Turner pressed that the statutory savings provision cited by the state—referred to in argument…
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