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U.S. v. Salim, No. S1 01 CR. 02 (DAB) (S.D.N.Y.) (189 F.Supp.2d 93) (March 11, 2002) (Judge Deborah A. Batts)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Salim, No. S1 01 CR. 02 (DAB) (S.D.N.Y.) (189 F.Supp.2d 93) (March 11, 2002) (Judge Deborah A. Batts) by Here the Court held that the methodology undertaken by the Government's fingerprint expert, who was prepared to testify about matches of latent fingerprint evidence, met the Daubert standards for …

U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate) by This 88-page decision in a case of first impression is noted for its detailed (albeit highly technical) analysis of whether the three standard field sobriety tests (SFSTs), that are commonly administered to determine …

U.S. v. Turner, No. 01-3049 (10th Cir.) (285 F.3d 909) (April 1, 2002) (Judge John C. Porfilio)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Turner, No. 01-3049 (10th Cir.) (285 F.3d 909) (April 1, 2002) (Judge John C. Porfilio) by The defendant in this case challenged the district court's refusal to hold a Daubert hearing [Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 589, 125 L. Ed. 2d 469, 113 S. …

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (188 F.Supp.2d 549) (March 13, 2002) (Judge Louis H. Pollak)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (188 F.Supp.2d 549) (March 13, 2002) (Judge Louis H. Pollak) by This decision represents a dramatic judicial retreat from a highly publicized decision that was published just two months ago. On January 7, 2002, in a decision previously reported at 179 F.Supp.2d …

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (179 F.Supp.2d 492) (January 7, 2002) (Judge Milton Pollack)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (179 F.Supp.2d 492) (January 7, 2002) (Judge Milton Pollack) by Here the Court held that the Government could not use expert testimony to establish a “match” between fingerprints taken at a crime scene and those of the defendant because such testimony was …

U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay) by In this case the defendant was convicted by a jury of involuntary manslaughter under 18 U.S.C. §§ 1153 and 1112. He appealed, arguing that the district court's decision to admit into …

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Eyewitness Identification

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne) by Here the Court emphasized that its long-standing presumption against the admissibility of expert testimony on eyewitness identifications stemmed from its concerns about whether such expert testimony would actually assist the trier of …

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by This case is noted for its extended discussion of the admissibility of expert testimony to establish a "compulsive gambling disorder defense." Before trial, the Government moved to preclude the use of such …

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood) by In this rather strange ruling, the Seventh Circuit vacated a conviction on the grounds that the district court had applied the incorrect standard in excluding and limiting proffered expert testimony concerning the …

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Daubert Standards

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington) by Any lawyer who has ever attempted to persuade a judge at sentencing that his client suffered from some physical or mental ailment that ought to qualify him for a downward adjustment in his …

Rosen v. CIBA-Geigy, No. 95-3064 (7th Cir.) (78 F.3d 316) (March 11, 1996) (Judge Richard A. Posner)

Article • January 1, 1995

Filed under: Punch And Jurists, Daubert Standards

Rosen v. CIBA-Geigy, No. 95-3064 (7th Cir.) (78 F.3d 316) (March 11, 1996) (Judge Richard A. Posner) by While this is not a criminal case, the decision does include an informative discussion of the use of scientific evidence under Rule 702 of the Fed.R.Evid. and the Daubert case.

U.S. v. Powers, No. 93-5944 (4th Cir.) (59 F.3d 1460) (April 14, 1995) (Judge Karen J. Williams)

Article • January 1, 1994

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Powers, No. 93-5944 (4th Cir.) (59 F.3d 1460) (April 14, 1995) (Judge Karen J. Williams) by The defendant in this case was convicted of aggravated sexual abuse of a minor in violation of 18 U.S.C.S. § 2241(c) for repeatedly raping his daughter over the course of ten months …