Skip to content

People v. Fiorita, 170 N.E. 690 (Ill. 1930)

Case (cite)
People v. Fiorita, 170 N.E. 690 (Ill. 1930)
Year
1930
State
Illinois
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?
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
Thomas M. Lewis
Summary of reasons for ruling
he trial court also allowed a witness to testify as a ballistics expert. The witness had never been formally trained in ballistics. He testified that the bullet taken from the victim matched a bullet in a gun found in a hotel room defendant was in, which was not rented by him. On appeal, the court held that the trial court erred in admitting the ballistics expert's testimony because the witness was not qualified to testify as an expert. It also found that the evidence did not establish beyond a reasonable doubt that defendant had participated in the robbery and murder.
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
Y
Names of prosecution expert(s) two testified at hearing
Lewis
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
Y
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