This section contains the nature of the case and procedural background.

Kelley (D) made a series of threatening phone calls to Terry Waskin. The police taped a number of them, and an informant gave them information that D was the perpetrator. A control tape of D's voice was obtained and tested by a Nash of the Michigan State Police for spectrographic analysis. During the trial, Nash testified about spectrographic analysis. No other experts were called by either side. D was convicted and appealed on the issue of the voiceprint testimony. D contends that the prosecution failed to establish that voiceprint techniques have reached the requisite degree of general acceptance in the scientific community, that Nash was not qualified to express an expert opinion regarding the judgment of scholars and experts, and that the testing was not conducted in a fair manner.

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