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The court then concluded, "By virtue of the prosecutor's improper actions in this case, deputy sheriff Kirk Myers' testimony has been damaged to the extent that it cannot be used on retrial of the case.
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Yet the Kelly-Frye requirement is not fulfilled merely by evidence that one expert personally believes the challenged procedure is reliable; the court must be able to find that the procedure is generally accepted as reliable by the larger scientific community in which it originated.
But although the latter were consistent with her hands having been tied by a fabric, he could not tell their cause and described them as the kind of marks one receives from sleeping on wrinkles in the bed linen.
Description: Prior to trial, counsel for defendant moved to exclude all testimony of the complaining witness that was the result of her having been hypnotized.