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State v. Herrera, 429 P.3d 149 (Idaho 2018)

Case (cite)
State v. Herrera, 429 P.3d 149 (Idaho 2018)
Year
2018
State
Idaho
Type of proceeding
Appellate
Type of claim
Evidentiary
Expert evidence ruling reversing or affirming on appeal:
Excluded
What was the ruling?
No Error due to Harmless Error
Type of evidence at issue:
Ballistics residue
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
Detective Berger
Summary of reasons for ruling
the court ruled that the expert's tesitmony on the limitations of gunshot residue analysis should be excluded because the State did not establish that he was qualified to offer opinion on the limitations of such a test.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
702
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
Discussion of error rates / reliability
N
Frye Ruling
N/A
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
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