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Cases using phrasing similar to:
"In Frye, the court declined to admit the results of a lie detector test, known as the "systolic blood pressure deception test," into evidence, because the test had not been generally accepted by the scientific community."

  Marsh v. Valyou - FL

Decided: 11/21/2007

The trial court conducted a Daubert hearing concerning Epp's expert testimony that the accident caused the fibromyalgia, and the trial court excluded the evidence, concluding that medical science was insufficient to link the trauma to the condition. ... And, to paraphrase the United States Supreme Court's opinion in Daubert, nothing in section 90.702 or elsewhere in Florida's Evidence Code establishes "general acceptance" as a prerequisite to the admissibility of expert opinion evidence.

Cited 29 times

  Kruse v. State - FL

Decided: 2/5/1986

While I agree that testimony from a qualified expert witness may be introduced in a child abuse case to explain changes in a child's behavior and to relate such changes to the issue of whether that child has been subjected to child abuse, such testimony must be scrupulously limited to this narrow area of the witness's expertise. ... We note the concern raised by other state courts regarding the scientific validity of using the results of research on various stress disorders as the basis for expert cause-effect testimony in a criminal justice context.

Cited 19 times


Decided: 9/30/2010

The court noted, however, that it was unclear whether the scientific inaccuracies were the result of negligence, recklessness or intentional misconduct on the part of Ede and because "there is a dearth of case law applying Napue in the context of allegedly false expert testimony," the court would assume, without deciding, that the scientific inaccuracies qualify as "false" statements for purposes of Napue. ... Swisher was aware of Rhodes' step-brothers in the Marines; was aware that non-statutory mitigation included everything; and, prior to presenting the testimony of mental health expert Dr. Taylor, presented him with a thick stack of background information material.

Cited 0 times