Although DNA evidence has gained general acceptance and is presumed to be reliable for Daubert purposes, its use can be challenged in a particular case. Such challenges occur, for example, when "the procedure used in testing the DNA in this case did not comply with the accepted standards to ensure reliability" ²¹ and when the testing procedure used, although a variant of a previously approved method, is a new and "materially distinct procedure" that has itself not been proved to meet the Frye or Daubert standard. ²²

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