Wednesday, June 16, 2004

Experts Needn't Be Qualified in Front of Jury, 10th Circuit Holds

The Tenth Circuit has reaffirmed the principle that voir dire on expert qualifications need not occur in front of the jury, in a published opinion affirming the admission of testimony from a law enforcement officer in a narcotics trial. See United States v. Arras, No. 02-2341 (10th Cir. June 14, 2004) (Seymour, Hartz, & Tymkovich, JJ.).

posted by pn at 11:26 AM  

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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.