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State v. Mack, 653 N.E.2d 329 (Ohio 1995)

Case (cite)
State v. Mack, 653 N.E.2d 329 (Ohio 1995)
Year
1995
State
Ohio
Type of proceeding
Appellate
Type of claim
Due Process
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
Thomas L. Lucey
Summary of reasons for ruling
Defendant argues that expert should not have qualified as an expert and that his testimony was based on hearsay of others. The court held that under 702 the expert was qualified. The expert had performed other firearms examinations, was well-trained, and belonged to the professional organization for firearms examiners, and had testified over 60 times as an expert. Further, given that the expert performed his tests, the court held that his testimony was based on his own personal knowledge. The court also held that the expert's colleagues confidmation of his findings do not render his opinions hearsay
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
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
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
Y
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