by

Given the extreme importance of expert testimony to litigation, is the reliability test for expert testimony set out in Daubert v. Merrell Dow Pharmaceuticals the most radical and consequential change in the modern law of evidence? Before Daubert, most courts in most circumstances required only that an expert witness be at least marginally qualified to testify on the subject at hand, and that his testimony be relevant to an issue in the case. Many courts applied the general acceptance test set out in Frye to limited categories of scientific evidence, primarily in criminal cases. Even in Frye jurisdictions, generally testimony was allowed in most areas of expertise.

Many argue that the Daubert standard takes the issue of sufficiency of evidence and turns it into issues of admissibility. (See Richard D. Friedman: Squeezing Daubert Out of the Pciture) However, aren’t jurors and fact finders wise enough not to be misled by expert’s opinions? Those who ask this question would certainly point out that there are not similar reliability standards for lay witnesses, and for other types of evidence.

by

Former Lt. Gov. Earle E. Morris Jr.’s appeal of his securities-fraud conviction has been bumped up to the South Carolina Supreme Court.

Morris, 78, was former board chairman of Carolina Investors. In November 2004, he was convicted on 23 counts of lying to investors during the Upstate firm’s financial collapse. He was sentenced to a 44-month jail term, or almost four years.

Morris appealed in part because one of his securities expert witnesses was excluded. He also argued that one of the state’s expert witnesses should not have been alowed to testify.

Continue reading

by

As reported in Pennsylvania’s Times Leader, U.S. District Judge James Munley allowed gang expert witness Jared Lewis to testify as an expert witness at a Pennsylvania trial regarding the Illegal Immigration Relief Act. Lewis testified that the gang named “MS-13” had a presence in Hazleton, Pennsylvania, and was one of the most dangerous gangs in the world.

Lewis was allowed to testify even though he had minimal law enforcement experience, did not include any published authoritative works in his resume, and his expert report did not include any information based on gang statistics specific to the area. The court found that his area of expertise is not an area about which many authoritative books have been written.

Mike Cutler, a retired agent from the former U.S. Department of Immigration and Naturalization Services, is expected to testify as an expert witness for the defense, and is also expected to be the final witness in the trial.

by

A preliminary understanding and some basic investigation of the topic of expertise will allow the researcher to know what questions to ask the potential expert witness, and may also lead to the names of good potential experts in that field.

Library web sites are an excellent place to begin the search to find information about the subject matter and to find potential experts. Start by searching their online catalogs for books and journals on your subject. Pay particular attention to whom the author/authors are – someone who writes extensively on the subject you are researching may make an ideal candidate to serve as an expert in your case.

Note that many library web sites allow the researcher to search their catalog for specific topics. For example, a basic search on the Library of Congress’s web site using the term “handwriting identification” will return hundreds of books and other publications written by potential handwriting expert witnesses. These results include not only the potential expert’s name, but also the title and date of publication, where it was published, and cross-references to other works by that author. Such information can be used to find, or cross examine, an expert.

by

A number of expert witnesses do not market because they believe that attorneys market their qualifications for them to the legal community by word of mouth. With everything an attorney does all day in dealing with the tremendous expectations from clients and the stress of billable hours, do you really want to rely on attorneys to market for you? Do you want your business development to be out of your control and in the hands of lawyers? Do you think attorneys have your curriculum vitae at their fingertips to discuss your qualifications? Do you think attorneys have the time to convey your qualifications? Being a lawyer is daily, fast-paced drudgery in a precarious profession. Lawyers have enough on their plate without having to concern themselves with marketing your services. A wise expert realizes that attorneys only make money when they are working on items they can bill to a client; marketing your services is not a billable event. If you want to maximize your profits as an expert witness, do not rely on attorneys to make your qualifications known by word of mouth.

by

Montana District Judge Stewart Stadler granted a continuance request to continue a sex crimes’ trial in part because the defense attorney had not yet paid for his expert witnesses.

As reported in the The Daily Interlake, former Children’s House Montessori administrator David Farr is accused of sex crimes against five boys. Farr’s attorney Jack Quatman said he hired Philip Esplin as a child sexual abuse expert witness who is “uniquely qualified to testify in cases in which Wendy Dutton testifies for the prosecution.” Dutton will be a prosecution witness.

The court surprisingly allowed the case to be continued believing that Esplin’s schedule, and the volume of material he must review, meant he could not be prepared without a continuance. Quatman said he could find no other expert witness.

Continue reading

by

Handwriting experts will square off in Virginia federal court over allegations that one stole the other’s analysis of the JonBenet Ramsey ransom note.

As reported in the Virginia Pilot:

Cina L. Wong, a forensic document examiner with an office on Granby Street, is seeking to stop author and handwriting expert Michelle Dresbold from holding up the ransom note analysis as her own. Wong also wants unspecified monetary damages.

Continue reading

by

American Lawyer Media (ALM), which runs the ALM Expert Witness Directory, is reportedly for sale. According to the Business Wire:

Wasserstein & Co., LP [ALM’s owner] announced that it has retained Credit Suisse as its exclusive financial advisor to assist it in exploring various strategic alternatives for its investment in ALM, including the possible sale of the company.

It will be interesting to see the price that is paid for ALM if it sold since its primary asset is its magazines and newspapers. Best known for its legal publications, ALM currently owns 34 national magazines, including “The Legal Expert Pages” print directory. ALM also runs an expert witness directory on Law.com. It is unknown what will happen to its online expert witness directory if ALM is sold. The online directory had changed names from “NLJ Experts” to “ALM Experts” in 2005.

by

Oracle said Wednesday that it has sued software expert SAP “about corporate theft on a grand scale” seeking undisclosed damages. Oracle also argues that the theft formed the basis of SAP’s “Safe Passage” program, which is designed to entice Oracle customers to switch to SAP.

As alleged in the complaint:

Oracle brings this lawsuit after discovering that SAP is engaged in systematic, illegal access to – and taking from – Oracle’s computerized customer support systems. Through this scheme, SAP has stolen thousands of proprietary, copyrighted software products and other confidential materials that Oracle developed to service its own support customers.”

Continue reading

by

A Canadian shoe impressions expert witness was allowed to testify in a South Carolina murder trial regarding bootprints made at the scene 11 years ago. Crime scene expert Robert Kennedy said foot impressions made inside the insole of a pair of low-top boots were similar to test impressions made by the defendant Jeffery Jones. This is the second trial for Jones after his original guilty sentence was overturned.

As reported in the South Carolina’s The State:

[Forensic expert] Kennedy, who retired last June after 40 years with the Royal Canadian Mounted Police, was a fingerprint expert, tire track expert, and footprint expert before 1989, when he began studying the impressions feet make inside shoes.

Continue reading