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Pemberton v. State, 117 S.W. 837 (Tex. Crim. 1909)

Case (cite)
Pemberton v. State, 117 S.W. 837 (Tex. Crim. 1909)
Year
1909
State
Texas
Type of proceeding
Appellate
Type of claim
Evidentiary
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
J.S. Newman
Summary of reasons for ruling
The State proved by J. S. Newman that he examined appellant's shotgun the next day after the shooting occurred; that the same showed to have been recently fired, to which [*468] counsel for appellant objected because it was a conclusion and an inference of the witness and prejudicial to appellant, and invaded the province of the jury, in that the facts upon which the witness based said inference and conclusion should have been stated and the jury have been allowed to draw their own conclusion. The record shows that the witness qualified to testify and the testimony was admissible.
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
Newman
Names of defense expert(s) who testified at hearing (or None).
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
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