Showing results 1-8 of 8.

  US v. Frazier - 11th Circuit

Decided: 10/15/2004
District Court Decision: Excluded In Part, Admitted
Appellate Court Decision: Affirmed

In Daubert, the Supreme Court suggested that a trial court assessing the reliability of proposed scientific testimony might consider, among others, the following factors: (1) whether the theory or technique underpinning the expert's opinion "can be (or has been) tested"; (2) whether the theory or technique "has been subjected to peer review and publication"; (3) whether, with respect to particular theory or technique, there is a high "known or potential rate of error," and whether there are "standards controlling the technique's operation"; and (4) whether the theory or technique enjoys "general acceptance" within the "relevant scientific community." ... In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the Supreme Court "assign[ed] to the trial judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand."

Cited 419 times
Heuristics Applied sciences Rape Retailing Secondary sexual characteristics 

  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 

  US v. Crisp - 4th Circuit

Decided: 3/31/2003
District Court Decision: Admitted
Appellate Court Decision: Affirmed

In Daubert, the Court announced five factors that may be used in assessing the relevancy and reliability of expert testimony: 266*266 (1) whether the particular scientific theory "can be (and has been) tested"; (2) whether the theory "has been subjected to peer review and publication"; (3) the "known or potential rate of error"; (4) the "existence and maintenance of standards controlling the technique's operation"; and (5) whether the technique has achieved "general acceptance" in the relevant scientific or expert community. ... D. Michael Risinger with Michael J. Saks, Science and Nonscience in the Courts: Daubert Meets Handwriting Identification Expertise, 82 Iowa L.Rev. 21, 65 (1996) [hereinafter Risinger & Saks, Science & Nonscience] ("Put simply, if courts trust handwriting experts to be experts, little incentive exists to advance the field's knowledge or to test its claims.

Cited 144 times
Fingers Human anatomy Heuristics Applied sciences Anthropometry 

  Newell Rubbermaid, Inc. v. Raymond Corp. - 6th Circuit

Decided: 4/3/2012
District Court Decision: Excluded
Appellate Court Decision: Affirmed

In affirming Brown, this court relied heavily on Dhillon v. Crown Controls Corp., 269 F.3d 865 (7th Cir.2001), where the Seventh Circuit excluded an expert witness's testimony because the expert had not designed forklifts of the model at issue in that case or performed the "crucial" tests on alternative designs that were necessary for considering "product- and manufacturer-specific" issues. ... It concluded that Railsback did not have sufficient training or experience with forklifts to qualify him as an expert witness, that his testimony was not relevant because it involved different models of forklifts than the one at issue in the present case, and that his methods of extrapolating from anecdotal evidence and his failure to test his proposed alternative designs rendered his opinion unreliable.

Cited 41 times
Applied sciences Heuristics 

  US v. Chischilly - 9th Circuit

Decided: 7/25/1994
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Chischilly first challenged the reliability of the Government's DNA extraction and matching procedures on the following grounds: (1) the Government's experts were either drawn from the overly narrow field of forensic scientists, a group predisposed to accept new forensic techniques, or had a career interest in testifying on behalf of the FBI; (2) contaminants could have affected some of the samples relied on by the FBI in its DNA analysis and led to unreliable results; (3) inconsistencies in the gel used by the FBI in the electrophoresis process may affect the mobility of the alleles[7] in the DNA 1153*1153 fragments; (4) ethidium bromide, used by the FBI but not most research laboratories in gel electrophoresis, may retard the migration of DNA fragments through the electrophoretic gel; (5) the presence of additional bands on the autorads[8] interpreted in the RFLP[9] test may have indicated that the DNA samples were degraded; ... While perhaps support for exclusion of Chischilly's DNA test results under the superseded Frye test, with its requirement of general acceptance of a theory in the scientific community, these same statements take on the hue of adverse admissions under Daubert's more liberal admissibility test: evidence of opposing academic camps arrayed in 1156*1156 virtual scholarly equipoise amidst the scientific journals is scarcely an indication of the "minimal support within a community" that would give a trial court cause to view a known technique with skepticism under Daubert's fourth factor.

Cited 38 times
Classical genetics Psychiatric diagnosis Restriction enzymes Psychoactive drugs Intellectual disability 

  US v. Cazares - 9th Circuit

Decided: 5/14/2015
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Defendants filed a motion in limine requesting the district court exclude ballistics evidence in this case under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Rule 702. ... During trial and outside the presence of the jury, counsel for Saldana renewed his motion in limine to preclude the testimony of the government's ballistics expert on the grounds that the expert's conclusions concerning the matches in the Wilson and Cerda murders and the Bowser and Prudhomme murders lacked statistical reliability.

Cited 3 times
Rooms Sound production technology Heuristics Applied sciences Gangs 

  Thompson v. Bell - 6th Circuit

Decided: 1/9/2003

Further, had Rule 702 of the Tennessee Rule of Evidence, which tracks the federal rule, been applicable to this case, Dr. Copple would not have been qualified as an expert witness in forensic psychology under the criteria of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1992) since adopted by Tennessee Supreme Court in McDaniel v. CSX Transportation, Inc., 955 S.W.2d 257 (Tenn.1997). ... Thompson alleged in pertinent part that trial counsel failed to: (1) adequately investigate Thompson's background and personal and medical history for the existence of mitigating evidence; (2) request and obtain expert and investigative assistance regarding Thompson's head injuries or to obtain adequate expert assistance regarding Thompson's competency at the time Thompson made incriminating statements to the police; (3) present an adequate defense at trial because they failed to cross-examine numerous witnesses and failed to challenge the prosecutor's implication to the jury during closing arguments that Thompson was required to present a defense; (4) request additional time to prepare witnesses, such as Arlene Cajulao, during the penalty phase of the trial; (5) adequately investigate Thompson's military career, therefore 577*577 improperly raising the issue of his "good character" and opening the door for the prosecution to admit damaging information about him.

Cited 1 times
Psychiatric diagnosis Psychopathology Psychiatric assessment Forensic psychology Clinical psychology 

  Lopez v. City of Lawrence, Mass. - 1st Circuit

Decided: 5/18/2016

The Officers challenged Outtz's conclusions on cross-examination, arguing that his testimony fell short of the mark in several respects that we will discuss, and presented the contrary opinions of their own expert, Dr. James Wiesen. Altogether, the trial testimony of these competing experts consumed the better part of nine days of the eighteen-day trial. ... Given our finding that the district court applied the correct law and committed no 122*122 clear error in finding persuasive the expert evidence tendered by Boston, we affirm the district court's order finding that the exams Boston used in 2005 and 2008 did not violate Title VII and we therefore affirm as well the entry of judgment in favor of all defendants.

Cited 0 times
Communication Applied sciences Applied psychology Military ranks