Skip to content

Acoff v. State, 278 So.2d 210 (Ala. 1973)

Case (cite)
Acoff v. State, 278 So.2d 210 (Ala. 1973)
Year
1973
State
Alabama
Type of proceeding
Appellate
Type of claim
Evidentiary
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
Correct to Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
James L. Small
Summary of reasons for ruling
"Appellant's counsel objected to the testimony of James L. Small, an Assistant State Toxicologist, concerning certain ballistic tests conducted with rounds taken from the .32 caliber pistol found at the appellant's apartment. Mr. Small testified that he had spent more than six years testing different weapons by test firing them and by comparing the results with bullets which had been retrieved for use as evidence. He further stated that such training had been under the supervision of State Toxicologist Dr. C. J. Rehling. Over objection, Mr. Small was allowed to testify as follows: ‘A I found each of the evidence bullets, four in number, were fired from that weapon in addition the spent cartridge delivered to me as evidence, the spent cartridge was found to have a firing pin impression identical and it was fired in that weapon also.’ We are of the opinion that the trial court properly allowed this testimony in evidence. Douglas v. State, 42 Ala.App. 314, 163 So.2d 477, cert. den. 276 Ala. 703, 163 So.2d 496."
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
N/A
Did lower court hold a hearing
N/A
Names of prosecution expert(s) two testified at hearing
Names of defense expert(s) who testified at hearing (or None).
Discussion of 2009 NAS Report (NAS2009) or PCAST report (PCAST)
N/A
Discussion of error rates / reliability
N
Frye Ruling
N
Limiting testimony ruling
N
Language imposed by court to limit testimony
N/A
Ruling based in prior precedent / judicial notice
Y (Douglas)
Daubert ruling emphasizing – which factors – (list 1-5)
N/A
Ruling on qualifications of expert
Y
Ruling on 702(a) – the expert will help / assist the jury
N
Ruling on 702(b) – the testimony is based on sufficient facts or data
N
Ruling on 702(c) – the testimony is the product of reliable principles and methods
N
Ruling on 702(d) – reliable application of principles and methods to the facts of the case
N

Notes

Entire analysis in the reasoning section