Case (cite)
Kyzer v. State, 33 So.2d 885 (Ala. 1947)
Kyzer v. State, 33 So.2d 885 (Ala. 1947)
Year
1947
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
Wright
Summary of reasons for ruling
The Deputy sheriff collected a shell from the scene of the robbery and later fired shells from the gun reportedly used in the offense and compared them. The court held there was no error in admitted the shells into evidence. "While perhaps merely cumulative, the evidence was admissible for the purpose of comparing the gun markings on these shells with the markings on the shell found in Norris' yard." The sheriff is not established as an expert or named as one (the word expert never appears in the case).
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
N
Notes
No real reasoning given for why the evidence was admissible.