Wednesday, March 30, 2005

7th Circuit Publishes Opinion re Testimony on Modus Operandi of Drug Dealers

Is a signal being sent? The Seventh Circuit has issued an opinion upholding a trial court's decision admitting testimony from a law enforcement officer on the modus operandi of drug dealers. The defendant raised the entire litany of common objections (qualifications, reliability, not helpful to jury, more prejudicial than probative, dual role as fact witness and expert). The appellate opinion devotes substantial discussion to rebuffing them all. See United States v. Parra, No. 03-2056 (7th Cir. Mar. 29, 2005) (Cudahy, Rovner, & Wood, JJ.).

posted by pn at 12:31 PM  

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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.