Skip to content

In re Kirschke, 53 Cal.App.3d 405 (Ct. App. Cal. 1975)

Case (cite)
In re Kirschke, 53 Cal.App.3d 405 (Ct. App. Cal. 1975)
Year
1975
State
California
Type of proceeding
Appellate
Type of claim
Evidentiary; Ineffective assistance of counsel
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
No Error due to Harmless Error
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
De Wayne Wolfer
Summary of reasons for ruling
The court holds that trial counsel was not ineffective for failing to have his own examination of the bullet because the error was harmless. The court also holds that the demonstrative evidence presented by the expert was not shown to be anything other than an honest mistake and denied the defendants motion to exclude the evidence based on it being perjurious. Further, because the defendant had the opportunity to challege the case against him, if the errors in the demonstrative evidence were negligent, they did not result in the denial of a fair trial.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
N/A
Did lower court hold a hearing
N/A
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) or PCAST report (PCAST)
N/A
Discussion of error rates / reliability
N
Frye Ruling
N
Limiting testimony ruling
N
Language imposed by court to limit testimony
N/A
Ruling based in prior precedent / judicial notice
N
Daubert ruling emphasizing – which factors – (list 1-5)
N/A
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
N

Notes