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State v. Jacobs, 67 So.3d 535 (La. Ct. App. 2011)

Case (cite)
State v. Jacobs, 67 So.3d 535 (La. Ct. App. 2011)
Year
2011
State
Louisiana
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
Louise Walzer
Summary of reasons for ruling
The court declined to really address the issue, stating the the lower court had repeatedly and thoroughly addressed the qualifications and Daubert factors of the expert, and that the defendant had not produced any new arguments. "Here, all of the Daubert criteria were satisfied with regard to Ms. Walzer's testimony. At the motion hearing, she testified that the work she does at the crime lab is subject to peer review. She also testified to the rate of error inherent in her work, and the fact that she follows the guidelines established by the AFTE. It was clear from Ms. Walzer's testimony that the methods used in the Jefferson Parish crime lab are those widely accepted in her profession. This assignment lacks merit."
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Daubert; 702
Did lower court hold a hearing
Y
Names of prosecution expert(s) two testified at hearing
Walzer
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)
Just to acknowledge they were satisfied in prior hearing
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