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Question

Case 18.1
FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The bank robbers got away with several hundred thousand dollars, but not before they terrorized the patrons of the bank and shot one of the tellers. The teller was seriously injured, but is expected to make a full recovery. In addition to the spent shell casings from the shotguns used to scare everyone in the bank to ensure swift compliance with their demands, bank robbers left behind the note they passed to the teller demanding all the money in their cash drawers. One of the bank robbers was injured by broken glass and left his bloody gloves in a dumpster in an alley behind the bank.

Agent Mannix caught Robby a few days later with marked money from the bank robbery. He also found a handwritten shopping list in his pocket that appears to match the handwriting on the note found at the crime scene. What is likely to occur next?
a. The prosecutor will need to secure a new handwriting sample from Robby to use the bank robbery note against him using expert testimony.
b. Handwriting evidence is not admissible generally as it does not pass the Frye test.
c. The prosecutor can seek to have evidence of the robbery note and its comparison to the laundry note admitted as evidence against Robby using a questioned documents examiner.
d. The court will not take judicial notice of the handwriting analysis technique.

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