Skip to content

Phillips v. State, 54 So. 111 (Ala. 1910)

Case (cite)
Phillips v. State, 54 So. 111 (Ala. 1910)
Year
1910
State
Alabama
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 identificaiton (gun powder marks)
Defense or Prosecution Expert
N/A
Name of expert(s) who were the subject of the ruling
Dr. Farish
Summary of reasons for ruling
Where the question of the distance between defendant and prosecutor at the time of the shooting was in issue, it was competent for a gun expert to testify as to powder burns, the character of the shells and the manner in which shot would scatter within a given distance.
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
Farish
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