Case (cite)
U.S. v. Felder, 993 F.3d 57 (N.Y. 2021)
U.S. v. Felder, 993 F.3d 57 (N.Y. 2021)
Year
2021
State
New York
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?
No Error due to Harmless Error
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosection
Name of expert(s) who were the subject of the ruling
Jonathan Fox
Summary of reasons for ruling
Felder argues that the district court erred in allowing the government to elicit expert opinion testimony that an object in Felder's hand on surveillance video was a firearm. This Court identified no error or predjuice in the admission of the expert testimony regarding Felder's possession of a firearm.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Rule 702
Second standard
Did lower court hold a hearing
Y
Names of prosecution expert(s) two testified at hearing
Jonathan Fox
Names of defense expert(s) who testified at hearing (or None).
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