Daubert, Kumho, and Joiner: A Quick Overview

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Daubert, Kumho, and JoinerA Quick Overview

• Glenn Langenburg
• Latent Print Examiner
• Minnesota Bureau of Criminal Apprehension

Toronto Police Service 17th Annual Identification
Conference February 24, 2003 Toronto, ON
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Frye v. United States (54 App. D.C. 46, 293
F.1013)

• Seminal evidentiary decision (1923)
• Murder case before appellate court
• Systolic blood pressure deception test
• Experimental vs. demonstrable
• Is it a well-recognized scientific principle or
  discovery?

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Frye v. United States (54 App. D.C. 46, 293
F.1013)
the thing from from which the deduction is made
must be sufficiently established to have gained
general acceptance in the particular field in
which it belongs.

• Novel techniques

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Federal Rules of Evidence (1975)

• Codification of rules
• 700 Ruleswitness testimony

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 -FRE, Rule 702

• IF Reliable and Relevant
• Sufficient facts or data
• Reliable principles and methods
• Principles and methods applied correctly

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Daubert v. Merrell Dow Pharmaceuticals, Inc. (509
U.S. 579, 1993)

• Jason Daubert, Eric Schuller, parents, et. al.
• Did Bendectin cause birth defects?

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Daubert v. Merrell Dow Pharmaceuticals, Inc. (509
U.S. 579, 1993)

• Over 30 published studies
• No teratogenic effects

• Jason Daubert, Eric Schuller, parents, et. al.
• Did Bendectin cause birth defects?

• Reworked data by plaintiff said otherwise

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Daubert Opinion

• Admissibility of scientific evidence
• Federal Rules of Evidence (702)
• Superceded Frye
• Define reliable
• Principles and methodology at issue
• not conclusions

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Daubert Opinion

• Majority opinion 7-2
• Majority delivered by Justice Blackmun
• Gatekeeping role of trial judges

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Daubert Factors

• General acceptance
• Testing and validation
• Known standards
• Peer review
• Rate of error

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Daubert Replaces Frye?

• Frye
• Frye Prongs (Kelly, Mack, Davis, etc.)
• Modified Frye Frye-bert
• Federal Rules of Evidence
• Daubert
• States Rules of Evidence

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General Electric v. Joiner (522 U.S. 136, 1997)

• Chronic exposure to PCBs caused lung cancer
• Joiner long-time smoker, family history
• Experts for plaintiff had animal studies, etc.
• Trial ruling Daubert applied, facts did not
  fit this case
• Abuse of discretion
• Trial judge is the gatekeeper

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Kumho Tire Co. v. Carmichael (526 U.S. 137,
1999)

• Kumho Tire Co. nee Samyang Tires, Inc.
• Tire failure was cause of crash and deaths
• Daubert factors apply to engineers, techs, etc.
• Expert knowledge is the key
• Two types of witnesses
• Lay
• Expert

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Amended F.R.E.s

• Daubert factors
• Kumho include technical, specialized
• Joiner gatekeeper trial judge
• 1995 FDE challenge (US v. Starzecpyzel)
• 1999 LPE challenge (US v. Mitchell)

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U.S. v. Starzecpyzel (No. 93 Cr. 553 (LLM), 1995)

• Eileen Starzec and Roberta Pyzel
• Defrauded artworks and valuables from wealthy
  widow (Ethel Brownstone)
• Roberta, conservator of estate
• Signatures on 2 key documents at question
• Ruling
• FDEs testimony admissible as non-scientific or
  skilled testimony
• Equated FDE skill to that of harbor pilot
• Saks testified for defense as expert witness

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U.S. v. Byron Mitchell (Cr. No. 96-00407, 1999)

• Prints found on shift/handle of get-away car

• Identified to Byron Mitchell
• Filed motions to exclude evidence