Skip to content

Johnson v. State, 249 So.2d 470 (D.C. App. Fl. 1971)

Case (cite)
Johnson v. State, 249 So.2d 470 (D.C. App. Fl. 1971)
Year
1971
State
Florida
Type of proceeding
Appellate
Type of claim
Evidentiary
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
Does not name
Summary of reasons for ruling
The court held that the trial court erred in admitted the expert's testimony when the bullet had been lost by the state. The FL rules of criminal procedure grant the defendant the right to examination and discovery as part of the right to the confrontation of witnesses. The admission of the testimony was important and therefore prejudicial error.
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