State v. Horsley , 117 Idaho 920 ( 1990 )

McDEVITT, Justice,

specially concurring.

I fully concur in the opinion so carefully crafted by Justice Johnson.

My only purpose in writing in this instance is to make it clear that this Justice at least, does not consider, nor does he interpret this opinion to hold, that DNA analyses as contained in the Lifecodes Report are admissible absent a foundation as to the reliability of the testing procedures used by a particular laboratory making the test in question, including but not limited to, details of the quality control, validation protocol, formal methodology validation, independent replication and validation studies and findings from the foregoing as to the reliability of the procedures involved in the test in question. Absent such evidence the tests lack foundational adequacy. Any test is only as good as the procedures used.