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Name: People v. Henderson
Case #: E029887
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/02/2003
Subsequent History: Rev. denied 6/11/03

The court upheld the admission into evidence under People v. Kelly (1976) 17 Cal.3d 24, DNA evidence obtained through two of the newer collection and analysis techniques: the gel electrophoresis technique for the POR collection method, and the use of mixed samples. In this case, in which several men were charged with rape and other offenses, the DNA analysis was of a sample taken from the victim’s thigh shortly after the incident. The expert testified that the sample was consistent with that of the defendant if it also contained included the DNA from at least one other individual, and was also consistent with the DNA of the defendant when combined with two other suspects named in this case.