Allen & Diggs v. State
103 A.3d 700
Md.2014Background
- Allen and Diggs were convicted after a seven-day Montgomery County trial for home invasion–robbery-related offenses.
- DNA evidence included CODIS matches to Debreau and Bangora; no corroborating confirmatory testing was performed.
- Defense sought to test unknown DNA against Debreau and introduce Debreau’s prior similar offense; lab declined testing.
- State introduced no DNA expert at trial; defense faced limits on questioning about CODIS results.
- Court of Special Appeals ruled PS § 2-510 bars DNA match evidence at trial without confirmatory testing; Maryland Court of Appeals granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does PS § 2-510 bar trial admission of DNA matches to third parties? | Allen and Diggs argue 2-510 applies to any match. | State argues 2-510 is plain and applies to all trials. | Yes; matches require confirmatory testing before admissible. |
| Does “at trial” limit apply only to the accused or to any trial? | Allen/Diggs contend limit targets only the accused. | State maintains broad application. | Broad: “at trial” covers the trial in which the match would be admitted. |
| Does 2-510 violate the Sixth Amendment right to present a defense? | Defense argues exclusion impedes defense. | State argues reliability and discovery options preserve defense. | No; statute reasonably restricts inadmissible evidence but allows defense testing via discovery. |
| Do other statutes (CJP 10-915, 2-508) alter admissibility of DNA matches under 2-510? | Defense relies on 2-508 to obtain DNA data; 10-915 supports admissibility. | State relies on 2-510 and discovery channels; 10-915 not controlling here. | No; 2-510 controls admissibility; discovery rights do not convert matches into admissible proof without confirmatory testing. |
Key Cases Cited
- Young v. State, 388 Md. 99 (2005) (defines DNA match and statistical significance (random match probability))
- Diggs & Allen v. State, 213 Md. App. 28 (2013) (Court of Special Appeals held CODIS match without confirmatory testing inadmissible)
- Maryland v. King, 133 S. Ct. 1958 (2013) (CODIS, DNA collection, and national indices context)
- Sessoms v. State, 357 Md. 274 (2000) (reverse other crimes evidence guidance (identification of third-party acts))