In re David K.
David K. challenges the juvenile courts adjudication he possessed methamphetamine for sale. Relying on the so-called Kelly/Frye rule, he contends the court should have excluded evidence regarding a presumptive drug test because the prosecution failed to show the test has been proven to be scientifically reliable. (See People v. Kelly (1976) 17 Cal.3d 24; Frye v. United States (D.C. Cir. 1923) 293 F. 1013.) However, because defense counsel never objected to the test evidence on this basis, the issue has been waived. Moreover, because there could be a rational explanation for counsels failure to invoke Kelly/Frye, Court reject Davids alternative claim he was denied effective representation. The judgment will stand.
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