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Moughon v. State, 57 Ga. 102 (Ga. 1876)

Case (cite)
Moughon v. State, 57 Ga. 102 (Ga. 1876)
Year
1876
State
Georgia
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 identification
Defense or Prosecution Expert
N/A
Name of expert(s) who were the subject of the ruling
J.J. Bush, James J. Mayo
Summary of reasons for ruling
2d. Because the court erred in admitting the opinion of the witness, J. J. Bush, as to the time which had elapsed since the gun had been discharged, accompanied by the facts upon which he based such opinion, he having also stated that he had been familiar with the use of guns all his life.3d. Because the court erred in admitting the testimony of James J. Mayo, to the effect that the shot drawn from the loaded barrel of the gun on the day after the shooting corresponded in size with those found in the person of Tillory and in the banisters of his house, the witness having compared them.
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
N/A
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