☢ test - Í

Birdsall v. State , 254 Ga.App. 555, 556, 562 S.E.2d 841 (2002). Dailey v. State, 271 Ga.App. 492, 610 S.E.2d 126 (February 3, 2005). “[T]he Supreme Court of Georgia has found fingerprint evidence both reliable and admissible. ‘[F]ingerprint comparison ... is not novel, and has been widely accepted in Georgia courts.’ Whatley v. State, 270 Ga. 296, 299(6) (509 S.E.2d 45) (1998).” Daubert still not followed in Georgia in criminal cases. Williams v. State, 270 Ga.App. 424, 606 S.E.2d 871 (November 12, 2004). Evidence supported cocaine possession conviction despite failure to tender the cocaine itself into evidence. “In a drug possession case, the concept of corpus delicti requires that there be proof by the state that the accused possessed the illegal drug; there is, however, no invariable requirement that the drug itself be produced. Chancey v. State, 256 Ga. 415, 421(1)(A)(c), 349 S.E.2d 717 (1986). In the instant case, Williams confessed that he and the other two men went to Thomas’ house for the purpose of buying $100 worth of cocaine, that Thomas came out of his house with the cocaine and gave it to him, and that he later split the cocaine with [co-defendants]. Williams’ confession that he possessed cocaine was corroborated by proof that $100 was found on Thomas’ bed next to several bags of a substance that tested positive for crack cocaine. This constitutes sufficient circumstantial evidence corroborating Williams’ confession and supporting the cocaine possession conviction. [Cit.]” Al-Amin v. State, 278 Ga. 74, 597 S.E.2d 332 (May 24, 2004). Malice murder and related convictions affirmed. No scientific evidence required to prove reliability of ability of dogs to track humans because it was not used to establish the offense, but only the manner in which defendant was apprehended, and “is within the ken of the average layperson.” Jones v. State, 277 Ga. 36, 586 S.E.2d 224 (September 15, 2003). Results of “the atomic absorption test, the methodology used to” test for gunshot residue on defendant’s hands, are admissible as scientifically reliable. See also Jones v. State , 273 Ga. 231 (12), 539 S.E.2d 154 (2000). Defendant’s expert testimony that the “test is scientifically accepted but is losing its validity because the propensity of barium and antimony to be found together is more common in today’s ‘high- tech’ world” goes to the weight and not the admissibility of the evidence. Sill admissible, Tuff v. State , 278 Ga. 91, 597 S.E.2d 328 (May 3, 2004). Thrasher v. State, 261 Ga.App. 650, 583 S.E.2d 504 (June 13, 2003). GBI’s forensic biologist testified that the GBI’s computer identified defendant’s DNA profile from bodily fluid samples as occurring in “‘one in every three quadrillion people in the African-American population…. She explained that when a number over one in ten billion is generated, the quadrillion number is used as a cutoff to represent that the DNA belongs to that person or to their identical twin.” Held, trial court properly admitted this testimony over defendant’s objection that “the astronomical numbers were inaccurate and prejudicial.” Cheatwood v. State, 248 Ga.App. 617, 548 S.E.2d 384 (March 14, 2001). Probation revocation affirmed. Expert evidence was sufficient to authorize trial court’s finding that the Roche Ontrack TesTstik drug test has “reached a scientific stage of … verifiable certainty,” and thus admissible as evidence that defendant tested positive for marijuana. Accord, Grinstead v. State , 269 Ga.App. 820, 605 S.E.2d 417 (October 1, 2004); Mann v. State , 285 Ga.App. 39, 645 S.E.2d 573 (April 12, 2007); Gaddis (June 20, 2011), above (properly admitted based on expert testimony and judicial notice of another court’s decision). Pullin v. State, 272 Ga. 747, 534 S.E.2d 69 (September 11, 2000). “[E]vidence before trial court was sufficient to support its conclusion that technology for determining geographic location of cellular telephone calls had reached scientific stage of verifiable certainty required for admissibility at trial.” Bowen v. State, 242 Ga.App. 631, 531 S.E.2d 104 (March 8, 2000). Trial court erred in revoking defendant’s probation, based on positive result on Roche Abuscreen Ontrak test; State failed to lay foundation for the scientific test. “‘A review of the decisions of this court, our Supreme Court and the courts of other states reveals no decision in which the “ontrack system” has been discussed as a reliable method of drug detection,’” quoting Hubbard v. State, 207 Ga.App. 703, 429 S.E.2d 123 (1993); also citing Kendrick v. State, 240 Ga.App. 530, 532(2), 523 S.E.2d 414 (1999) (physical precedent only). But see Cheatwood (March 14, 2001), above. Bluain v. State, 242 Ga.App. 125, 529 S.E.2d 155 (January 31, 2000). Restriction fragment length polymorphism (RFLP) and polymerase chain reaction (PCR) DNA testing have both “been accepted as valid in this state.”

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