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Morton v. State, 71 S.W.281 (Tex. Crim. App. 1902)

Case (cite)
Morton v. State, 71 S.W.281 (Tex. Crim. App. 1902)
Year
1902
State
Texas
Type of proceeding
Appellate
Type of claim
Evidentiary
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
Error to Admit; Remand
Type of evidence at issue:
Firearms identificaiton (gun powder marks); ballistics
Defense or Prosecution Expert
Prosection
Name of expert(s) who were the subject of the ruling
N/A
Summary of reasons for ruling
Evidence was introduced of experiments made by the sheriff and another party in regard to the effect of powder fired from a pistol upon a pasteboard at distances ranging from 10 down to 3 feet. This seems to have been admitted in order to show the distance of the weapon from deceased's head at the time of the homicide. . . .The evidence of experiments testified to by the sheriff should have been excluded. Test on the pasteboard was not similar, or nearly so. to firing at skin of the human being.
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
Y
Names of prosecution expert(s) two testified at hearing
"the sheriff"
Names of defense expert(s) who testified at hearing (or None).
N/A
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