Tuesday, May 04, 2004

Sixth Circuit Upholds Identification Testimony in Demjanjuk Case

The Sixth Circuit has affirmed the district court's judgment denaturalizing John Demjanjuk. In doing so, it upheld the district court's decision admitting expert testimony, in a bench trial, offered by the government to confirm Demjanjuk's identity. See United States v. Demjanjuk, No. 02-3529 (6th Cir. Apr. 30, 2004) (Cole, Clay, & Collier, JJ.).

posted by pn at 2:09 AM  

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.