Evidence

30.53 702 Expert testimony

Wade L. Cole, 324A94, Ben Dowling-Sendor
Expert testimony on blood alcohol level

Tom J. Frederick, COA03-1240, Charlesena Walker
Expert testified victim's heart attack caused by struggle despite lack of physical evidence

Omeako L. Brisbon, COA05-320, Daniel K. Shatz
Officer cannot testify to his opinion that defendant guilty

William John Derbeck, COA05-59, Michael Casterline
Police officer allowed to testify about the details of the drug trade without being qualified as an expert.

Tamberlyn Ward Alderson, COA05-1178, Thomas K. Maher,
Forensic expert allowed to testify that persons engaged in illegal activities use radio scanners to get a "jump start" on the police.

Dwight McLean, COA06-952, Ann B. Petersen
Expert testimony on eyewitness identification excluded

Kenneth W. Maready, COA07-171, Daniel R. Pollitt
Officers' opinions of how accident occurred inadmissible where they only observed aftermath of accident but did not see accident itself

Robert J. Petrick, COA07-86, Mark Montgomery
Insufficient foundation for admission of cadaver dog evidence

Mario Llamas-Hernandez, 07-566, Julie R. Lewis
Trial court erred in allowing a police officer to testify that in his opinion, the indistinct white powder seized from defendant's house was cocaine. His opinion was based solely on a visual inspection and was the only evidence that the substance was in fact cocaine.

Eugene Matthews, COA08-475, James R. Parish
Expert testified only 67% match between defendant's DNA and alleged victim's baby's DNA in statutory rape case; not sufficiently reliable

Carnell Tyrone Streater, COA08-961, Daniel R. Pollitt
Expert opinion that sexual abuse occurred reasonably could be construed by the jury to mean the charged sexual offense occurred.

Misty Witherspoon, COA08-1003, Ann B. Petersen
Experiment with mannequin showing trajectory of bullet improper

Emmanuel Bell, COA09-516, Christy E. Wilhelm
Officer allowed to testify as to how the drug trade worked, and to explain to the jury such issues as packaging drugs for sale, typical behavioral patterns of "drug mules" and how the transportation of drugs worked without being qualified as an expert.

Marcel Jackson, COA09-584, Anne M. Gomez
Captain of sheriff's department not qualified to identify unknown substances as illegal drugs with use of NarTest analyzer

Christopher A. Dallas, COA09-644, Russell J. Hollers, III
Court allowed expert's opinion on the value of used cars in general, but would not allow testimony on the value of the specific vehicles in the case.

Robert Lane Windsor, COA09-713, Connie Widenhouse
Trial court erred in excluding expert opinion testimony regarding the autopsy of the victim which would have supported defendant's theory that the victim died of natural causes.

Rhonda Jean Hicks, COA10-247, Andrew DeSimone
Plain error to allow expert opinion on chemical composition of pills based on unreliable visual identification and unreliable instrumental analysis of only one pill.

Citarian Tyquan Crandell, COA10-439, Geoffrey W. Hosford
Officer expressed opinion that Defendant was guilty.

Monty Wood Poteat, 10-934, Andrew DeSimone
Plain error to allow expert to estimate exact time of death based solely on rigor mortis without considering any other factors or variables.

Ernest Jawern Wright, COA10-854, Daniel Pollitt
SBI agent's testimony that defendant's clothes tested positive for blood was improper where only the phelolphtalein test was performed.

Chad Jarrett Barrow, COA10-978, Daniel Shatz
Error for expert to opine that infant's fatal injuries were inflicted during a four hour time frame.

Terry A. Wood, COA10-1272, Anne Bleyman
Expert opinion on legal conclusion

William Jackson Neal, COA11-110, Marilyn Ozer
Trial court erred in overruling defendant's objections to expert testimony and prosecutor's closing argument that defendant was the source of the DNA to the exclusion of every other human being -- the fallacy that random match probability is the same as source probability.

David Carter, COA11-36, Mark Montgomery
Trial court erred in prohibiting admissible expert testimony that the victim was manipulative and attention seeking.

Myron Keith Britt, COA11-311, David L. Neal
Error to allow an expert toolmark examiner's opinion that two bullets were fired from the same gun.

Eric Oakes, COA09-1280, Sue Genrich Berry
Testimony by defendant's use of force expert sufficiently reliable and not barred by Rule 701.

Jeffrey Underwood, COA11-891, James Freeman, Jr.
Former police officer, who did not witness accident, was not qualified to tender an opinion on vehicle speed as he did not perform a full accident reconstruction or rely on an investigation report.

Joseph K. Ragland, COA12-699, Kimberly P. Hoppin
Opinion that defendant was definitely source of DNA

Thomas Edward Ellis, III, COA12-861, Andrew L. Farris
Plain error to allow officer to identify the substance at issue as marijuana based solely on a visual inspection.

Thomas Edward Ellis, III, COA12-861, Andrew L. Farris
Duquenois-Levine test for identifying marijuana is unreliable.

Bradley Graham Cooper, COA12-926, Ann B. Petersen
Trial court abused its discretion when it ruled defense's computer expert was not qualified to give expert testimony on computer tampering.

John Kennedy Meadows, 12-1539, Hannah Hall
The State's expert completely failed to establish that his method of drug testing was sufficiently reliable.

Eugene E. McKenzie, COA13-294, Russell J. Hollers III
Expert opinion that victim was sexually abused by defendant

Thorne Oliver Watlington, COA13-925, John Carella
Error for court to admit expert fingerprint testimony of officer who used unreliable and untested system unique to the local police department.

Christopher Cash, COA13-935, Emily Davis
Plain error to permit trooper testimony opining how the accident occurred when trooper did not witness the accident, was not qualified as an expert in accident reconstruction, and opinion testimony was only based on post-accident observations made at the scene.

Lamate Anderson, COA13-1281, Ann Petersen
Error to permit State expert to testify to legally incorrect assertion that diminished capacity requires complete negation of the capacity to form intent to kill and complete negation of ability to think about actions prior to acting.

Slade Weston Hicks, Jr., COA14-57, Charlesena Walker
In a trial for a sex offense, the trial court committed plain error by allowing psychologist to testify that she diagnosed victim with post-traumatic stress disorder as a result of sexual assault.

Joshua Houser, 14-973, Barbara Blackman
Plain error to allow testimony that officer did not believe D's version of events as testimony constituted inadmissible opinion of guilt

Roderick Harris, 15-214, Barbara Blackman
Plain error to admit expert testimony regarding child's placement in trauma-focused therapy as testimony impermissibly vouched for child's credibility.

Reid W. McLaughlin, COA15-333, Marilyn G. Ozer
Expert permitted to testify that alleged victim may have committed suicide because of sexual assault

Walter Spinks, 15-277, James Grant
Plain error to admit expert testimony that DNA matched D a trillion to one -- the fallacy equating random match probability with source probability.

Burl Torrence, COA15-949, Richard Costanza.
Trial court erred in admitting officer testimony about results of HGN test under new version of Rule 702 where there was not a proper foundation laid.