Recap of Federal Appellate Decisions in January
January was one of the busiest months on record for federal appellate courts addressing Daubert questions, with sixteen decisions handed down, including eight published ones. Little new ground was broken, except perhaps in United States v. Casas, No. 02-1623 (1st Cir. Jan. 20, 2004) (excluding "overview" evidence by law enforcement officer). But some longstanding statistical trends continued. The Fourth Circuit, for example, has yet to reverse a decision excluding expert evidence in this millennium, having affirmed on 26 of 26 occasions. Over the same time period, meanwhile, the Sixth Circuit has yet to reverse a decision admitting expert evidence, affirming such rulings 27 out of 27 times.
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