Court Excludes Testimony of Medical Expert Who Declined to Consider Conflicting Studies

Do expert witnesses who rely on scientific studies have an obligation to explain why they did not rely on studies that produced different results? A divided panel of the U.S. Court of Appeals for the First Circuit ruled that they do. While the holding may be questionable, the decision provides guidance to medical and other […]

Expert Witnesses Testify in New York Vehicular Murder Trial

A variety of expert witnesses were called by prosecutors last week in the trial of a Florida man accused of intentionally striking a New York State Trooper with his car. Experts in vehicle collisions and blood splatter took the stand as prosecutors look to show the jury that the incident was not negligent, but a […]

Experts Play Key Role in Ohio Murder Trial Involving One of Six Missing Women

It took a jury just three hours to convict Jason McCrary of the murder of Timberly Claytor. Claytor was one the six women who went missing over a year-long period of time in Chillicothe, Ohio. The story of the six women was the subject of a true crime documentary on Investigation Discovery, titled “The Vanishing […]

Certified Nurse Midwife Allowed to Give Expert Testimony Against Registered Nurse in 14 Million Dollar Case

A medical malpractice case that resulted in one of the highest malpractice verdicts in the history of Georgia has settled for an undisclosed amount. The case was about to proceed to a second appeal after the initial appeal was resolved in favor of the woman who brought the lawsuit. The issue on appeal was whether […]

California Mental Health Experts Given Greater Latitude to Testify About a Defendant’s Mental State

A landmark decision by the California Court of Appeal in May 2016 gives mental health experts a greater role in the defense of criminal charges. The Herrera decision is already being cited as a basis for granting new trials to defendants who claim that judges improperly limited the testimony of their expert witnesses. Evidence at […]

Expert Witness Report Alleges Negligence in Prison Death

A new expert witness report alleges that Burlington County Jail staff, including the nurses, were negligent in the 2014 death of inmate Jerome Iozzia. Jerome Iozzia, 50-years-old at his death, was arrested in November 2013 when he used his fiancée’s car without permission. His fiancée accused him of having a history of drug abuse and […]

Missouri Governor Vetoes Daubert Bill

Missouri’s Governor, Jay Nixon, has just vetoed a bill that would have set stricter rules for expert witnesses. The proposed bill, known as SB 591, would have required all of Missouri’s courts, including its probate courts, juvenile courts, and family courts, to follow the federal Daubert standard in determining whether to allow expert testimony. The […]

Bicycling Expert’s Testimony Ruled Admissible in Negligence Case Against City

The Washington Court of Appeals recently considered whether an expert in bicycling would be allowed to testify in a lawsuit alleging that a municipality caused her bicycle accident by failing to maintain a city street in a safe condition. The trial judge excluded the expert’s proposed testimony and dismissed the case without a trial. The […]

Fire Investigation Expert Witness Report Leads to New Trial for Chicago Man

A Chicago man convicted of setting a fire which killed two people in 1993 will receive a long awaited retrial due to evidence from fire science expert witnesses. Prosecutors in the case have relented to repeated requests from the defense and agreed to a retrial after reviewing an expert report detailing modern advances in fire science […]

Serial’s Adnan Syed Granted New Trial Due to Questions of Expert Witness Reliability

The subject of the first season of the popular legal podcast Serial has been granted a new trial in large part due to questions about the reliability of the prosecution’s cell phone expert witness used to convict him. An appellate court vacated the murder conviction of Adnan Syed citing the failure of his attorney to […]

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