Showing results 1-10 of 31.

Cases that cite: United States v. Franks

  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

  US v. Bonds - 6th Circuit

Decided: 12/15/1993
District Court Decision: Admitted
Appellate Court Decision: Affirmed

We note that although the findings of the magistrate judge and the district court were based only on the pre-Daubert Frye hearing and the general acceptance test, these findings are relevant to our examination under a Daubert analysis, first because, as the district court noted, neither the defendants nor the Government challenge the magistrate judge's findings regarding the substance of the expert testimony presented at the Frye hearing or his characterization of the testimony, and second, because general acceptance is still one factor the Supreme Court has said can impact on a court's scientific validity determination and the defendants' arguments on appeal focus on these findings and their general acceptance determination. ... The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), has now rejected Frye's general acceptance test as the exclusive test and has redefined the standard for the admission of expert scientific testimony.[12]

Cited 146 times
Repetitive DNA sequences Classical genetics Molecular biology Statistical genetics Gangs 

  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

  US v. Bonds - 6th Circuit

Decided: 12/15/1993

We note that although the findings of the magistrate judge and the district court were based only on the pre-Daubert Frye hearing and the general acceptance test, these findings are relevant to our examination under a Daubert analysis, first because, as the district court noted, neither the defendants nor the Government challenge the magistrate judge's findings regarding the substance of the expert testimony presented at the Frye hearing or his characterization of the testimony, and second, because general acceptance is still one factor the Supreme Court has said can impact on a court's scientific validity determination and the defendants' arguments on appeal focus on these findings and their general acceptance determination. ... The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), has now rejected Frye's general acceptance test as the exclusive test and has redefined the standard for the admission of expert scientific testimony.[12]

Cited 119 times

  People v. Kelly - CA

Decided: 5/28/1976

Defendant attacks his conviction arguing that (1) the People failed to establish that voiceprint techniques have reached the requisite degree of general acceptance in the scientific community, (2) Nash was not qualified to express an expert opinion regarding the judgment of scholars and experts, and (3) the testing procedures employed in identifying defendant's voice were not conducted in a fair and impartial manner. ... (People v. Davis (1965) 62 Cal.2d 791, 801 [44 Cal. Rptr. 454, 402 P.2d 142].) "The competency of an expert is relative to the topic and fields of knowledge about which the person is asked to make a statement.

Cited 101 times

  United States v. Williams - 2nd Circuit

Decided: 9/20/1978

Williams says there is a tendency of spectrographic voice analysis evidence to mislead or confuse the jury because lay jurors are awed by an "aura of mystic infallibility" surrounding "scientific techniques," "experts," and the "fancy devices" employed. ... Like handwriting exemplars and gun barrel striations, spectrograms are variable, but contain sufficient points of similarity or dissimilarity to enable a trained expert to reach a conclusion.[9]

Cited 72 times

  United States v. Baller - 4th Circuit

Decided: 12/8/1975

Unless an exaggerated popular opinion of the accuracy of a particular technique makes its use prejudicial or likely to mislead the jury, it is better to admit relevant scientific evidence in the same manner as other expert testimony and allow its weight to be attacked by cross-examination and refutation. ... Although the defense did not call any expert witnesses, Baller's attorney demonstrated thorough knowledge of the subject in a detailed cross-examination that developed the possibility of error in both the general technique and the specific identification of the defendant.

Cited 42 times

  State v. Martin - WA

Decided: 6/7/1984

In Frye v. 733*733 United States, 293 F. 1013 (D.C. Cir.1923), the question before the court was whether an expert witness for the defendant could testify as to the result of a "systolic blood pressure deception test". ... The thrust of Frye and of the court's opinion in Canaday 734*734 is to prevent expert witnesses from testifying as to the truth of statements obtained by scientific methods unless there has been an acceptance by the scientific community of the underlying principles of the procedure.

Cited 39 times

  United States v. Brown - 6th Circuit

Decided: 6/14/1977

In recognition of the inherent danger that expert testimony admitted without proper foundation may tend to confuse or mislead the trier of fact and thus defeat a defendant's right to a fair trial, in United States v. Green, 548 F.2d at 1268, we adopted the four criteria for reviewing a district court's decision to admit expert testimony set down in United States v. Amaral, 488 F.2d at 1152. ... Appellant cites the rebuttal testimony of two expert witnesses at trial, Dr. Charles A. Evans, Senior Research Chemist at the Illinois Materials Research Laboratory who was qualified as an expert in mass spectrometry in general and ion microprobic spectrometry in particular, and Dr. Adon A. Gordus, Professor of Chemistry at the University of Michigan and an expert in trace element analysis of hair.

Cited 34 times

  United States v. Alexander - 8th Circuit

Decided: 11/18/1975

The jury, after receiving such expert testimony, has the additional responsibility of reviewing other facts which tend to prove or disprove defendant's connection with the crime and, if participation is shown, the jury may further be required to ascertain the defendant's mental state at the time of the crime in appropriate cases. ... The key issue on this appeal is whether the modern polygraph machine and technique have attained sufficient scientific acceptance among experts in polygraphy, psychiatry, physiology, psychophysiology, neurophysiology and other related disciplines to justify the admission of the results of an unstipulated polygraph examination in evidence.[6]

Cited 32 times