What’s the Georgia criminal defense strategy when DNA evidence is inconclusive?
The defense’s position is that an inconclusive result proves nothing. A lab’s “inconclusive” means it couldn’t include or exclude the person, and the state shouldn’t be allowed to imply otherwise.
Pretrial. A motion in limine under O.C.G.A. § 24-4-403 and § 24-7-702 may argue that an inconclusive result has no probative value and could mislead. A judge could limit how it’s described, or exclude it.
Mixtures. Results with low-level DNA or several contributors are where this can occur. Questions include:
- What’s the probabilistic genotyping software, and has it been validated?
- What threshold did the lab use?
- Are contributors assumed?
- Why was the report labeled inconclusive?
Transfer. DNA can move by touch, so even a match doesn’t say how or when it arrived. An inconclusive result weakens that further.
Using it for the defense. A defendant can argue the state’s failure to find DNA supports doubt, particularly where the person would be expected to leave some. It isn’t proof of innocence, and the state may respond that contact doesn’t always leave DNA.
Confrontation. The analyst who did the work generally must testify, under Bullcoming v. New Mexico (2011) and Smith v. Arizona (2024).
Discovery. Under § 17-16-4, ask for the case file, electropherograms, and lab protocols. A defense expert may reinterpret the data.
Other tests. Retesting may be possible. A new method might give a stronger answer, either way, so that’s a risk. O.C.G.A. § 5-5-41(c) lets a person seek DNA testing after conviction under listed conditions, and § 17-5-56 addresses keeping samples.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.