Skip to content

State v. Kehoe, 729 N.E.2d 431 (Ct. App. Ohio 1999)

Case (cite)
State v. Kehoe, 729 N.E.2d 431 (Ct. App. Ohio 1999)
Year
1999
State
Ohio
Type of proceeding
Appellate
Type of claim
Evidentiary
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
No Error due to Harmless Error
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
Robert Johnson
Summary of reasons for ruling
Appellant argued that the witness was not qualified as an expert and his testimony should have been excluded as hearsay. The court agreed that the prosecution had not qualified the witness as an expert and had stated that he was testifying as a lay witness. The witness had not performed the ballistics tests and had not submitted the report showing that the bullet matched the caliber of that fired from the appellant's weapon. The court held that the testimony should have been excluded but that the error was harmless in light of other evidence.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Does not say
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/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

Hearsay ruling