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State v. Rose,
No. K06-0545 (Balt. Co. Cir. Ct., 2007): Fingerprints: Baltimore County Circuit Judge Susan M. Souder ruled recently that the State failed to present proof sufficient to establish as reliable the "ACE-V methodology" of latent fingerprint identification under the Frye test(!!) That's right folks. Fingerprints unreliable in a capital case; and, under Maryland law, her decision is not appealable by the State pre-trial. From the decision: "In conclusion, the proof presented by the State in this case regarding the ACE-V methodology of latent fingerprint identification showed that it was more likely so, than not so, that ACE-V was the type of procedure Frye was intended to banish, that is, a subjective, untested, unverifiable identification procedure that purports to be infallible." HERE is a news article on the decision.
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