Case (cite)
Henderson v. State, 65 S.E.2d 175 (Ga. 1951)
Henderson v. State, 65 S.E.2d 175 (Ga. 1951)
Year
1951
State
Georgia
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 Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
George T. Cornett
Summary of reasons for ruling
Defendant argued that the statement made by the expert that he did not measure the or photograph the width of the grooves and lands because the "comparison microscope is the highest and best evidence" should have been excluded. The court agreed and held that "when [the expert] omitted to confine his answer to facts, or to his opinion as an expert on bullet identification, and planted his reply in the realm of the judiciary by stating a legal conclusion, it was improper and prejudicial, and should have been ruled out on motion."
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
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
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
Notes