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Burnett v. State, 815 N.E.2d 201 (Ind. Ct. App. 2004)

Case (cite)
Burnett v. State, 815 N.E.2d 201 (Ind. Ct. App. 2004)
Year
2004
State
Indiana
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:
Fingerprint
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
Eric Black
Summary of reasons for ruling
Defendant claims the trial court erred in certifying Black as an expert because: (1) Black is not a certified latent fingerprint examiner; (2) when Black previously testified as a fingerprint expert, he was not required to identify of compare prints; and (3) Black could not answer certain questions about ACE-V. But the trial court head all of that evidence and determined that based on his experience and training, Black was a quailfied expert in fingerprint identification. The appellate court will not substitute its judgment for that of the trial court on this matter of discretion.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Rule 702; Daubert
Did lower court hold a hearing
Y*
Names of prosecution expert(s) two testified at hearing
Eric Black
Names of defense expert(s) who testified at hearing (or None).
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
Ruling based in prior precedent / judicial notice
N*
Daubert ruling emphasizing – which factors – (list 1-5)
5
Ruling on qualifications of expert
N
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