Saturday, May 08, 2004

11th Circuit Upholds Forensic Expert on Methamphetamine Yields

The Eleventh Circuit has upheld the trial court's decision admitting testimony of a government expert who opined on the theoretical drug yield from the defendant's meth lab. The defendant complained that the witness had limited work experience in forensics, but the panel observed that experience is not the only basis on which an expert's qualifications may rest, and noted the expert's substantial education and training. See United States v. Bennett, No. 03-11060 (11th Cir. May 7, 2004) (Marcus, Wilson, & Duplantier, JJ.).

posted by pn at 11:53 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.