Case (cite)
Franklin v. Commonwealth, 48 S.W. 986 (Ky. 1899)
Franklin v. Commonwealth, 48 S.W. 986 (Ky. 1899)
Year
1899
State
Kentucky
Type of proceeding
Appellate
Type of claim
Evidentiary
Type of claim (second claim)
Expert evidence ruling reversing or affirming on appeal:
Excluded
What was the ruling?
Error to Exclude
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Defense
Name of expert(s) who were the subject of the ruling
Dick Health and others
Summary of reasons for ruling
t was competent to show by persons who had had many years of experience with fire arms that in their judgment from such experience the wound upon the person of the deceased was made with a rifle loaded first with a bullet and then with shot put down on the ball--the evidence showing that the defendant's gun was a shot gun.
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).
Dick Health
Discussion of 2009 NAS Report (NAS2009)
Discussion of 2016 PCAST report (PCAST)
Discussion of error rates / reliability
N
Frye Ruling
N
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
N
Daubert ruling emphasizing – which factors – (list 1-5)
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