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Dean v. Commonwealth, 32 Gratt. 912 (Va. 1879)

Case (cite)
Dean v. Commonwealth, 32 Gratt. 912 (Va. 1879)
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
Does not name the expert
Summary of reasons for ruling
Defendant possessed a gun "of peculiar construction" much like the gun used in the murder. The gun "carried a ball of unusual size" and "had a square barrel" that could make the same impression as was found at the murder scene. "By actual experiment, made by some of the witnesses, the Francisco gun, when laid upon the same rail and drawn back, left a similar square impression and a similar notch." Furthermore, the bullet extracted from the dead body was the same weight as a bullet from the defendant's gun. "It was proved that upon the exmination of a large number of guns, within a radius of eight miles of the scene of the murder, none were found of the same bore. or which would carry precisely the same ball. Two or three only, out of a large number examined, were found which were nearly the same bore and might have carried the same ball as the Francisco gun. But these...were accounted for, and proved to be where it was impossible the murderer of Fugate could have used them."
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
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