Showing results 1-10 of 13.

Cases using phrasing similar to:
"Rather, it is because there are good reasons why each new scientific technique should not become the basis for expert testimony as quickly as the expert can persuade the court that it will assist the trier of fact to understand the evidence or to determine a fact in issue."

  United States v. Downing - 3rd Circuit

Decided: 1/25/1985

The proffer stated that the expert would testify concerning: (1) the "forgetting curve," i.e., the fact that memory does not diminish at a uniform rate; (2) the fact that, contrary to common understanding, stress causes inaccuracy of perception and distorts one's subsequent recall; (3) the "assimilation factor," which indicates that witnesses frequently incorporate into their identifications inaccurate information gathered after the event and confused with the event; (4) the "feedback factor," which indicates that where identification witnesses discuss the case with each other they can unconsciously reinforce their individual identifications; and (5) the fact that studies demonstrate the absence of a relationship between the confidence a witness has in his or her identification and the actual accuracy of that identification.[6] ... Cf. People v. Marx, 54 Cal.App.3d 100, 111, 126 Cal.Rptr. 350, 356 (1975) (in support of its holding admitting bite mark comparison evidence, the court noted that "the basic data on which the experts based their conclusions were verifiable by the court"), cited in 3 J. Weinstein & M. Berger, supra, ¶ 702[03] at 702-20 n. 18.

Cited 387 times

  Reed v. State - MD

Decided: 9/6/1978

My dissent is based upon a number of reasons, not necessarily in the sequence in which I list them: (1) The rule enunciated in Frye v. United States (the Frye test), 293 F. 1013 (D.C. Cir.1923), is much criticized, has never been adopted in Maryland, and I am opposed to its adoption. (2) The decision here is out of step with that of a number of respected courts as to the basis for admission of evidence concerning expert opinions related to fingerprints ballistics, X-ray, and the like. (3) The decision here is out of step with our prior Maryland holdings concerning expert testimony. ... It is because 457*457 he stated a reason for his conclusion that the voices are identical, not relying solely upon his aural comparison, that the case goes back for a new trial, although Chief Judge Prescott said in Miller v. Abrahams, 239 Md. 263, 273, 211 A.2d 309 (1965), a zoning case, "the prevailing general rule, almost universally followed, is that an expert's opinion is of no greater probative value than the soundness of his reasons given therefor will warrant.

Cited 141 times

  Fishback v. People - CO

Decided: 4/26/1993

At the hearing two witnesses testified: Dr. William Setzer, the director of the University of Colorado Health Sciences Center DNA Diagnostic Laboratory[1] who was qualified as an expert in the area of molecular biology, genetics, and "DNA testing"; and Dr. Lisa Forman, an employee of Cellmark Diagnostics,[2] who was qualified as an expert in population genetics. ... The evidence connecting the defendant to these crimes included the victim's identification of defendant, fingerprint evidence, and expert testimony that a DNA profile from seminal fluid obtained by a medical examination of the victim after the assault matched a DNA profile from a blood sample taken from defendant.

Cited 29 times

  Taylor v. State - OK

Decided: 1/31/1995

But, if the Legislature did not intend the results that have been reached via Daubert and this decision, the Legislature should act to sufficiently restrict the application of Section 2702 expert testimony to require a foundation be laid prior to the admissibility of the opinion evidence. ... The Daubert reliability approach provides a uniform method of addressing the admissibility of expert testimony on all types of scientific evidence.

Cited 27 times

  State v. Hall - IA

Decided: 9/17/1980

(4) "Acceptance in the scientific community" is a nebulous concept; as it has been said, "court records are full of the conflicting opinions of doctors, engineers and accountants, to name just a few of the legions of expert witnesses," United States v. Stifel, 433 F.2d 431, 438 (6th Cir. 1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1232, 28 L.Ed.2d 531 (1971) (neutron activation analysis evidence admitted), and "[i]n testing for admissibility of a particular type of scientific evidence, whatever the scientific `voting' pattern may be, the courts cannot in any event surrender to scientists responsibility for determining the reliability of that evidence." ... In the present case, the evidence offered to show the reliability of the bloodstain analysis included: (1) Professor MacDonell's considerable experience and his status as the leading expert in the field; (2) the existence of national training programs; (3) the existence of national and state organizations for experts in the field; (4) the offering of courses on the subject in several major schools; (5) use by police departments throughout the country in their day-to-day operations; (6) the holding of annual seminars; and (7) the existence of specialized publications.

Cited 26 times

  State v. Rimmasch - UT

Decided: 5/17/1989

Cf. Annotation, Admissibility Of Opinion Of Medical Expert As Affected By His Having Heard The Person In Question Give The History Of His Case, 51 A.L.R.2d 1051 (1957) (permissibility of physician's reliance on patient statement as to symptoms); State v. Ward, 10 Utah 2d 34, 347 P.2d 865 (1959) (same). ... He appeals his conviction, arguing, inter alia, that the trial judge erred in admitting certain testimony by expert witnesses called on behalf of the prosecution in which one or more of them affirmed the truthfulness of his daughter's version of events, testified to the psychological profile of the typical victim of child sexual 390*390 abuse, compared his daughter's characteristics with those of the profile, opined that his daughter was a victim of abuse on the basis of both the profile comparison and impressions gathered during interviews with the daughter, and in some instances, also opined that she was the victim of incest and that her father was the perpetrator.

Cited 24 times

  State v. Taylor - ME

Decided: 4/18/1997

Taylor contends on appeal that the Superior Court committed error in denying his motion to suppress evidence obtained from the vehicle stop and admitting in evidence expert testimony regarding the Horizontal Gaze Nystagmus (HGN) test. ... The court denied Taylor's motion and concluded that it would allow expert testimony at trial on the HGN test subject to the laying of an adequate foundation.

Cited 15 times

  Kofford v. Flora - UT

Decided: 9/30/1987

As long as a proper foundation is established for the admission of the HLA test results, a properly qualified expert who did not participate in the actual testing may interpret data that was produced by qualified persons, using proper and established standards, and testify to the test results. Utah R.Evid. 703, 705; Shipp v. State, 713 P.2d 10, 11 (Okla. 1986). ... In any event, if it can be shown that HLA experts normally rely on the type of data contained in the documents and all other foundational requirements are met, the expert can testify concerning the data contained in the documents even if the documents are not admissible.

Cited 8 times

  State v. Wheeler - RI

Decided: 7/29/1985

We note that the Supreme Judicial Court of Massachusetts in Commonwealth v. Lykus, 367 Mass. 191, 327 N.E.2d 671 (1975), applied the Frye standard and approved the admission of voice spectrographic evidence, stating that "[l]imited in number though the experts may be, the requirement of the Frye rule of general 1389*1389 acceptability is satisfied, in our opinion, if the principle is generally accepted by those who would be expected to be familiar with its use." ... The trial justice, in exercising his discretion to admit evidence by way of expert testimony, must reach his decision after giving due consideration to the "natural tendency of jurors to place greater weight on the testimony of one qualified as an expert.

Cited 6 times

  State v. Johnson - TN

Decided: 9/8/1986

Rule 702, Fed.R.Evid. specifies that scientific, technical, or other specialized knowledge is admissible if it will "assist the trier of fact to understand the evidence or to determine a fact in issue" and requires that an expert witness be qualified by knowledge, skill, experience, training or education in order to give opinion testimony. ... All of the experts agreed that in order to be acceptable in the scientific community, the correlation coefficient between the tests must be at least .85 to .90. (A perfect correlation is 1.0.) Dr. Hebb, who directed the study by ICL and the Metropolitan Police Department, found that the correlation coefficient between breath and blood was .904.

Cited 5 times