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People v. Nemeth, 438 A.2d 120 (Conn. 1980)

Case (cite)
People v. Nemeth, 438 A.2d 120 (Conn. 1980)
Year
1980
State
Connecticut
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
Defense
Name of expert(s) who were the subject of the ruling
Marshall Robinson; James F. McDonald
Summary of reasons for ruling
The state called two witnesses, one of which testified that the bullets were the same kind of ammunition but that they could not conclude the bullets came from the same gun and the other testified that the bullets did come from the same gun. The defendant argued that the second expert should have been exlcuded because the testimony conflicted with the other expert's testimony and allowed the state to impeach its own witness. The court disagreed that the testimony necessarily conflicted and held that the rule against a party impeaching its own witness did not preclude experts from giving testimony that may be contrary to another witness.
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
Names of defense expert(s) who testified at hearing (or 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/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