Saturday, May 13, 2006

Shoo, Fly, Don't Bother Me

There is apparently a forensic specialty that involves estimating the time of death based on the life cycle of the flies that congregate at the lex locus delicti. Prosecutors in search of appellate decisions upholding testimony from forensic entomologists can now cite Simmons v. State, No. SC04-19 (Fla. May 11, 2006).

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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.