Explaining cell phone connectivity and data entry are not subjects of expert testimony

Introduction In the case of United States v Graham [2015 U.S. App. LEXIS 13653], there was an appeal from the district court conviction. The appellants in this case were accused of a number of armed robberies. Among other things, the appellants contended that expert testimony was admitted erroneously as lay testimony which merited a reversal […]

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Differential diagnosis: Scientific methodology required to ‘rule out’ causes

Introduction In the case of United States v Bailey [2015 U.S. Dist. LEXIS 97288], the district court rejected the expert witness of the plaintiff on the ground that the testimony had failed to meet the requisite standard required under Rule 702 of the Federal Rules of Evidence. The Court used the differential diagnosis test which […]

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Testimonial Hearsay, if reasonably harmless, does not require conviction to be overturned

Introduction In the case of United States v Garcia [2015 U.S. App. LEXIS 12141], the defendants were accused of number of crimes relating to shooting, robbery and home invasion. The defendants challenged the district court conviction on various grounds, one of which related to the expert testimony. The defendants contested a certain expert opinion which […]

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Temporal Proximity not Adequate, need Expert Testimony: holds Court of Appeals

Introduction In the case of United States v Mathison [2015 U.S. App. LEXIS 12272], the Court of Appeals held that the plaintiff’s suit of negligence against the United States government required an expert testimony to support it. The case in question involved loss of hearing due to increase in volume of public address system of […]

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