Wednesday, Oct 16 Flashcards
Frye case
- 1923
- Not US supreme court case, but circuit court
- How to deal w expert testimony
- A general accepted info accepted as reliable within that experts scientific field
“does everyone in __ community agree with ___?”
Trouble with Frye
- What scientific community is in agreement with info?
- EX: the DUI stare: can call into question optometrists, medical doctors, many diff groups of experts
- Do ALL need to agree?
Cse example of trouble w Frye
- Coppolino v. state
What are the facts of Coppolino v state?
Injection found with succinylcholine chloride traces from succiniic acid
- issue was that before this case, there was no tests to find this drug
- novel assay used in the case - so technically it wasnt accepted by commmunity of scientists
Federal Rules - 1972
Daubert 1993
Women taking drug for motion sickness, and 2 families sued the company that made the drug (Merrell Diw.
civil law suit
evidence was tested with a drug that was similar to Bendectin
But M.D. had 30 published studies showing no birth defects with significant difference
Appeal bc FRYE or plaintiff..
SO decision was science rules, and Frye cannot be standard in federal cases
Novel info needs to be perused
Kumho Tire
abuse of discretion standard
to avoid unnecessary reliability proceedings in ordinary cases
Tire expert cant testify bc he cant rlly say its a defect or if it was just old
What did daubert leed to
The judge is the gatekeeper !!!!
the one that determine if an expert is needed and if they are the right expert
based on not the conclusion of the research but the methodology used
Daubert - nonexclusive list
Used to help judges decide if the novel research is acceptable
GUIDE NOT CHECKLIST
Dabert
Liberalized the admission of expert opinion, but did not mean that you can materialize opinion out of no scientific backing
Does Daubert mention need to file a motion before trial
No, a daubert trial can happen at any time
Judge can also take it under advisement
How will the court be reviewed? Judge checked?
Abuse of discretion standard
very high standard/ bar to overturn a Daubert decision.
Where was is decided:
General Electric v Joiner 1997
Do you need to have a Daubert hearing?
As long as Judge makes a record and uses daubert analysis = all good
What if the person testifying is not scientific?
Tire example
If scientific, technical, or other specialized knowledge will help
DAUBERT APPLIES TO ALL EXPERT TESTIMONY
but… its not helpful to those that arent scientific…
