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Collins v. State, 175 P. 124 (Okla. 1918)

Case (cite)
Collins v. State, 175 P. 124 (Okla. 1918)
Type of proceeding
Type of claim
Type of claim (second claim)
Expert evidence ruling reversing or affirming on appeal:
What was the ruling?
Correct to Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Name of expert(s) who were the subject of the ruling
T.C. Collier
Summary of reasons for ruling
The subject of firearms and the size of bullets shot by different kinds of pistols is not a subject upon which the ordinary layman would be qualified to express an opinion; but this witness, having been a peace officer for many years, and having shown himself to be familiar with the use of firearms and the manner in which the same were loaded, and also With the different kinds of cartridges and bullets used in various kinds of firearms, was qualified, after a comparison of the same, to give, in our opinion, as an expert, his opinion as to whether or not the bullets introduced in evidence were of the same size. The bullets themselves were permitted to be introduced in evidence, and this character of demonstrative evidence is always permissible where material to the issues, and in this case we think it clearly established that the evidence was material.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Second standard
Did lower court hold a hearing
Names of prosecution expert(s) two testified at hearing
T.C. Collier
Names of defense expert(s) who testified at hearing (or None).
Discussion of 2009 NAS Report (NAS2009)
Discussion of 2016 PCAST report (PCAST)
Discussion of error rates / reliability
Frye Ruling
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
Daubert ruling emphasizing – which factors – (list 1-5)
Ruling on qualifications of expert
Ruling on 702(a) – the expert will help / assist the jury
Ruling on 702(b) – the testimony is based on sufficient facts or data
Ruling on 702(c) – the testimony is the product of reliable principles and methods
Ruling on 702(d) – reliable application of principles and methods to the facts of the case