that "[t]he prosecution did not present the one-in-1400 figure to prove the percentage of African Americans whose genetic compositions could be comparable with the PM/DQ Alpha profile of the box-spring sample.” Ante at 192, 699 A.2d at 632. Even if the majority were correct, which the above-quoted statement by the prosecutor flatly shows not to be the case, the one in 1,400 figure would be irrelevant. See infra at 285-286, 699 A.2d at 679. 28 At trial, Cellmark actually used the figure of 17%. That figure represents the presence of this genotype within the entire population. Remarkably, the State never mentioned the 11.9% figure at trial except during its calculation of the one-in-1,400 number. Arguably, using the lower percentage was incorrect. See Cooper DNA Opinion, supra, at 6-8 (<HOLDING>); see also NRC Report, supra, at 35-36
recognizing danger of subgrouping and requiring use of ceiling principle under which frequency of alleles is capped at maximum rate of alleles presence in any single subgroup recognizing problems with unmodified product rule and finding productrule calculation modified by ceiling principle to be admissible recognizing principle holding that the applicable rate is that in existence at the time of judgment recognizing same principle