Court Upholds Firing of Crime Lab Director for Testifying as Private Expert

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Donald Mikko was hired by the Atlanta Police Department as Director of its Crime Lab. His employment contract permitted him to perform private consulting work on his own time. A district attorney in Georgia learned that Mikko had prepared an expert report, and was planning to testify, for a criminal defendant in Florida. The district […]

Indiana Appellate Court Allows Nurse Practitioner to Testify as Expert

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Charles Aillones sued Glen Minton in Vanderburgh County, Indiana for negligently causing a car accident. Aillones wanted to elicit expert testimony from the nurse practitioner who treated him. The trial judge ruled that a nurse may not testify as a medical expert. On appeal from that ruling, the Indiana Court of Appeals decided that the […]

Expert Testimony Leads to Second Hung Jury in Tai Chan Murder Trial

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Tai Chan, a former sheriff’s deputy for Santa Fe County, has twice been on trial for the alleged murder of another deputy, Jeremy Martin. Both trials ended with a hung jury, forcing the judge to declare a mistrial. Expert evidence played a significant role in the most recent prosecution and defense. Facts of the Case […]

Taylor Swift Wants Expert to Explain Why Men Sexually Assault Women

Taylor Swift

Taylor Swift regularly appears in celebrity news, but she has lately been featured in legal news after accusing Denver radio DJ David Mueller of groping her during a 2013 “meet-and-greet.” Mueller denied the accusation and sued Swift for defamation. Swift countersued Mueller for assaulting her. Swift’s lawyers have advised the court that they plan to […]

Conviction Reversed Because Expert Vouched for Accuser’s Credibility

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The Iowa Court of Appeals recently held that a criminal defense attorney failed to represent his client effectively when he made no objection to an expert’s improper vouching for the credibility of a witness. The issue in Simpson v. State is one that arises frequently when experts testify for the prosecution in cases that allege […]

Expert Goes Too Far in Using Skull as Evidence

Skull

The misuse of skulls as substantive evidence rather than demonstrative evidence during the testimony of an expert witness persuaded the Appellate Court of Illinois to grant a new trial to the plaintiff in a medical malpractice case. Lawyers should take note of the decision as they consider how to question an expert witness who uses […]

Expert Witness Allowed to Testify in Lawsuit Against Bubba the Love Sponge

Radio

Bubba Clem (known as Todd Clem before he changed his name) is a radio host who is better known by his on-air name, Bubba the Love Sponge. He generally fits the mold of a “shock jock” and has more than once been in trouble with his employers and the Federal Communications Commission for making racially […]

Expert Fails to Establish Standard of Surgical Care for Jehovah’s Witness

A Jehovah’s witness who advised her surgeon that she would not accept a transfusion agreed to the use of a “cell saver” device that recycled her blood. She died from blood loss after a technician refused to use the device in the belief that it had been contaminated. The issue before the Washington Court of […]

Cannabis Expert Witnesses Testify in Oklahoma Drug Trial

Marijuana

A City Councilman in Norman, Oklahoma has asked a cannabis expert witness to testify at his criminal trial where he faces charges of distributing drug paraphernalia. The expert has been called to testify that glass pipes sold in a shop where the defendant used to work can be used to smoke more than just marijuana, […]

Colorado District Court Allows Expert Testimony in Insurance Coverage Dispute

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A federal district court in Colorado was asked to exclude two expert witnesses — a claims adjuster and an attorney — offered by the plaintiff in an insurance coverage dispute. After considering the insurer’s Daubert motion, the court decided that both experts should be allowed to testify. Background Donald O’Sullivan purchased auto insurance from Geico’s […]