Case (cite)
State v. Markel, 77 S.W.2d 112 (Missouri 1934)
State v. Markel, 77 S.W.2d 112 (Missouri 1934)
Year
1934
State
Missouri
Type of proceeding
Appellate
Type of claim
Evidentiary
Type of claim (second claim)
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
Tom Lewis
Summary of reasons for ruling
"Error was assigned to [***11] the admission of evidence of a ballistic expert, who testified to the effect that the bullet taken from the head of the deceased was shot from appellant's pistol. That such evidence is admissible is now fairly well settled by the weight of authority. This question was fully discussed in a recent case by this court in State v. Shawley, 334 Mo. 352, 67 S. W. (2d) 74. The evidence was held to be competent."
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Second standard
Did lower court hold a hearing
Y
Names of prosecution expert(s) two testified at hearing
Tom Lewis
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
N
Frye Ruling
N
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
N
Daubert ruling emphasizing – which factors – (list 1-5)
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