Minnesota Statutes

Minn. Stat. § 634.26 (2026)

Statistical Probability Evidence

✓ current as of May 2026

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In a civil or criminal trial or hearing, statistical population frequency evidence, based on genetic or blood test results, is admissible to demonstrate the fraction of the population that would have the same combination of genetic markers as was found in a specific human biological specimen. "Genetic marker" means the various blood types or DNA types that an individual may possess.

Notes of Decisions

Cited in 3 cases, 1989–1993 · leading case: State v. Schwartz, 447 N.W.2d 422 (Minn. 1989).

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State v. Schwartz, 447 N.W.2d 422 (Minn. 1989). · cites it 4× “Minn.Stat. § 634.26 (Supp.1989); see also State v.”

State v. Alt, 504 N.W.2d 38 (Minn. Ct. App. 1993). · cites it 4× “The state agreed not to introduce the composite statistical *41 frequency evidence on all four loci, as permitted under Minn.Stat. § 634.26 (1990). 2 Alt objected and moved to have the DNA test results excluded for failure to meet the admissibility criteria for novel scientific…”

State v. Nielsen, 467 N.W.2d 615 (Minn. 1991). · cites it 4× “We also remind the bench and bar that we have not addressed or decided whether Minn.Stat. § 634.26 (Supp.1989), providing for the admission of statistical probability evidence relating to DNA test results, has the effect of legislatively creating an exception for DNA evidence to…”

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