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State v. McKeever, 101 S.W.2d 22 (Missouri 1936)

Case (cite)
State v. McKeever, 101 S.W.2d 22 (Missouri 1936)
Year
1936
State
Missouri
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
Gill
Summary of reasons for ruling
"On a trial for murder the testimony of a ballistic expert, where the record showed that it was his 191st appearance on the stand as such expert and his testimony was supplemented by photographic exhibits showing a similarity between the bullet which caused the [***5] death and test bullets by the automatic taken from the bank years before, was admissible.The admission of evidence was not error because prematurely admitted, the order of proof resting largely within the discretion of the trial court.The evidence was not objectionable because subsequent to the testimony identifying the automatic from which the bullets were fired direct evidence was adduced connecting defendant with the weapon and testimony showing defendant's access to and opportunity to be in possession of the automatic prior to the introduction of the testimony."
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
N/A
Did lower court hold a hearing
Y
Names of prosecution expert(s) two testified at hearing
Gill
Names of defense expert(s) who testified at hearing (or None).
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
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