Skip to content

State v. Thomas, 2016 WL 7799279 (Ct. Crim. App. Ten. 2016)

Case (cite)
State v. Thomas, 2016 WL 7799279 (Ct. Crim. App. Ten. 2016)
Year
2016
State
Tennessee
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
Don Carmen
Summary of reasons for ruling
Defense argues that the expert's testimony should have been limited to prevent him from testifiyng to a degree of scientific certainty. The court held that issue was not preserved and so would be reviewed as plain error. The court holds that the issue does not warrant plain error review because the expert here testified to a reasonable degree of scientific certainty, the NAS reports were not submitted as evidence nor was testimony made about their importance, the federal cases cited by the defendant are not binding on this court, and the expert that testified at the motion hearing agreed with the outcome of the expert in question and testified that the expert had used the widely accepted methods for testing.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
702, 703
Did lower court hold a hearing
Y (motion for new trial hearing)
Names of prosecution expert(s) two testified at hearing
Names of defense expert(s) who testified at hearing (or None).
Shelly Betts
Discussion of 2009 NAS Report (NAS2009) or PCAST report (PCAST)
NAS2009/2008
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)
(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
Y
Ruling on 702(d) – reliable application of principles and methods to the facts of the case
N

Notes