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Name: People v. Superior Court (Maldonado)
Case #: B185861
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/06/2006
Summary

Maldonado was charged with forcible sex offenses. He hired a private laboratory to test samples taken from the victims. The lab opined that drugs detected from the samples were from the systems of the victims and not of residual semen. The prosecution filed a motion asking the court to conduct a Kelly-Frye hearing concerning the drug testing procedures used. The trial court denied the motion, and the prosecutor filed a petition for writ of mandate challenging the denial. The appellate court denied the prosecutor’s petition. The court was not required to hold a full scale Kelly-Frye hearing. Here, the court found that a Kelly-Frye hearing was not necessary because no new scientific method was at issue. Whether or not its decision was erroneous, the court did not act in excess of its jurisdiction, and the decision was authorized in light of the law. Therefore, the prosecution could not challenge it with a writ petition.