Expert evidence ruling reversing or affirming on appeal:
What was the ruling?
Correct to Admit
Type of evidence at issue:
Defense or Prosecution Expert
Name of expert(s) who were the subject of the ruling
Summary of reasons for ruling
"The second question is addressed to the action of the court in permitting a firearms expert, a man by the name of Peterson, to testify to conclusions based on his expert opinion that a pistol identified as the pistol which the defendant Tison had on the day of the homicide delivered to one of the other defendants was the same pistol with which the deceased victim of the homicide was killed.We have carefully read the testimony of Mr. Peterson and reached the conclusion that he was shown by the testimony to be fully qualified to testify as an expert in regard to firearms and to draw a reliable conclusion as to whether or not the bullet found in the body of the deceased was fired from [**40] the pistol introduced in evidence. The weight and credibility of his evidence was a matter for the jury to determine and apparently the jury gave credence to Peterson's testimony."
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Did lower court hold a hearing
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)
Discussion of 2016 PCAST report (PCAST)
Discussion of error rates / reliability
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
Daubert ruling emphasizing – which factors – (list 1-5)
Ruling on qualifications of expert
Ruling on 702(a) – the expert will help / assist the jury
Ruling on 702(b) – the testimony is based on sufficient facts or data
Ruling on 702(c) – the testimony is the product of reliable principles and methods
Ruling on 702(d) – reliable application of principles and methods to the facts of the case