Articles Posted in Experts

Faulty Science?, By Maurice Possley Mistaken diagnoses of Shaken Baby Syndrome may have sent thousands of innocent people to prison, according to a new study — Read the research here Deborah Tuerkheimer, The Next Innocence Project: Shaken Baby Syndrome and the Criminal Courts, Washington University Law Review, Vol. 87, 2009. TheCrimeReport.org

Here is the lead in for an piece on federalevidence.com blog: In medical malpractice case, trial court’s exclusion of defense expert as unqualified was not harmless error; the defense expert’s opinion that the plaintiff’s expert’s conclusion was not supported by the medical literature plaintiff cited did not require the defense expert to have as much…

What Are Your Intentions?: Sixth Circuit Finds No Plain Error In DEA Agents Drug Quantity Testimony Federal Rule of Evidence 704(b) provides that No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or…

Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but did not allow testimony that…

Oh well, back from vacation. Lot’s to catch up on. Here is an interesting article: Anthony E. Giardino, COMBAT VETERANS, MENTAL HEALTH ISSUES, AND THE DEATH PENALTY: ADDRESSING THE IMPACT OF POSTTRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY, 77 Fordham L. Rev. 2955 (2009).

I’m not an expert I’m here as a teacher to help you understand some of the evidence and facts. Richard Gabriel, Redefining Credibility: Turning Expert Witnesses into Teachers, 21(3) The Jury Expert, May 2009. Frequently, however, [jury’s] are turned off by expert witnesses, who may resemble one of the following: Ivory Tower: arrogant and condescending…

I’ve already commented on breath tests. Are military breath tests reliable? Is the Intoxilyzer 5000 racially and genetically biased? Here is a new case and continuing discussion which potentially excludes evidence of the Intoxilyzer 5000, a device found to be used frequently at military bases. The issue is actually one of discovery. Supreme Court Of…

Here is a good case offered by Prof. Colin Miller, Under Construction: Ninth Circuit Resolves Interplay Between Rules Of Evidence 608 And 609, 17 May 2009. As the 9th and Professor Miller note this was a close issue. And here is another treatment of the case at FederalEvidence.blog,“Collateral Details” Of The Defendant’s Prior Conviction Results…

Here’s a new law review article to go along with my rants about how prosecution expert and forensic evidence can be biased, it’s difficult to deal with, and the system allows the problem. Volume 95, Issue 1 Brandon L. Garrett and Peter J. Neufeld, Invalid Forensic Science Testimony and Wrongful Convictions, 95 Va. L. Rev.…

Been a while since I’ve posted something related to technology and this century. (I should note a red book sighting the other day at NLSO WNY.) Here is an interesting article. Of course those of us with the offending L1 GPS systems are quite aware of running into brick walls or cul-de-sacs due to inaccuracies.…