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People v. Walker, 2017 WL 2672560 (App. Ct. Ill. 2017)

Case (cite)
People v. Walker, 2017 WL 2672560 (App. Ct. Ill. 2017)
Year
2017
State
Illinois
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
Justin Barr
Summary of reasons for ruling
Defendant argues that there was not an adequate foundation for the expert's testimony because he did not take notes during his examination, did not count the number of markings but rather observed the overall pattern, and stated that there is no minimum standard for number of similarities that must be observed. The court holds that the expert's testimony is reliable because he testified based on his experience, using procedures common for firearms identification, and that he did not need to testify to the underlying facts or data before testifying as to his opinion. Since his qualifications as an expert were not challenged, the basis for his testimony goes to the weight, not the admissibility. The court also disagreed with the precedent defendant cited to support that lack of taking notes support lack of basis for the opinion, stating the the case relied upon has been noted by several courts to be an outlier.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Ill. 703; 705
Did lower court hold a hearing
N
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
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
Y
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