Teran v. Superior Court CA4/1, D086582

Reyes Ibarra Teran was charged with aggravated sexual assault of a minor under age 14 (Penal Code § 269(a)) and related crimes based on allegations involving his girlfriend’s daughter, V.C.
Following the alleged assault, DNA swabs were taken from both Teran and V.C.; the San Diego Police Department crime lab conducted DNA testing, including familial reference swabs, resulting in moderate support that V.C. was a contributor to Teran’s penile swab.
Teran moved to exclude the DNA evidence, arguing improper lab methods due to complex familial DNA mixtures.
The superior court denied Teran’s motion and his subsequent request for a third-prong People v. Kelly hearing to challenge the scientific procedures used.
Teran petitioned for a writ of mandate to compel the superior court to hold a Kelly third-prong hearing; both Teran and the People ultimately asked the appellate court to require such a hearing.

Issue	Teran's Argument	People's Argument	Held
Whether a third-prong Kelly hearing required before trial on DNA evidence	Lab used improper procedures given familial DNA complexity	Agrees; appellate court should order third-prong Kelly hearing	Ordered superior court to conduct third-prong Kelly hearing

People v. Kelly, 17 Cal.3d 24 (Cal. 1976) (establishes three-prong test for admissibility of new scientific evidence in California)
People v. Venegas, 18 Cal.4th 47 (Cal. 1998) (explains that third prong of Kelly requires showing of correct scientific procedures used in case)
People v. Morganti, 43 Cal.App.4th 643 (Cal. Ct. App. 1996) (prosecution must provide case-specific proof of proper scientific procedures at third prong Kelly hearing)
People v. Buell, 16 Cal.App.5th 682 (Cal. Ct. App. 2017) (third-prong Kelly hearing only requires foundational showing of correct procedure)