Monday, November 08, 2004

1st Circuit Upholds Exclusion of Expert on Eyewitness Identification

The First Circuit has published an opinion upholding the trial court's exclusion of testimony from a criminal defendant's expert on eyewitness identification. Under the First Circuit's case-by-case approach to the issue, the lower court did not err in concluding that the defendant failed to show how the testimony would aid the trier of fact. See United States v. Stokes, No. 00-2397 (1st Cir. Nov. 5, 2004) (Torruella, Dyk, & Howard, JJ.).

posted by pn at 1:15 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.