Skip to content

Holland v. State, 268 So.2d 883 (Ala. Crim. App. 1972)

Case (cite)
Holland v. State, 268 So.2d 883 (Ala. Crim. App. 1972)
Year
1972
State
Alabama
Type of proceeding
Appellate
Type of claim
Evidentiary
Type of claim (second claim)
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
Correct 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
Van Pruitt
Summary of reasons for ruling
"The substance of the testimony as to the identification of the gun as the one that the particular 32 slug was fired from, was that a pistol barrel makes a mark, peculiar to that weapon, on a bullet fired from it and upon the matching marks on the bullet taken from the body and the one test fired from the pistol, his opinion was based. When the pistol is shown directly, or by reasonable inference, to have been in the possession of the appellant shortly after the difficulty, this is enough to allow the introduction of the above mentioned expert testimony."
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
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