Friday, January 23, 2004

Failure to Raise Daubert Challenge Not Ineffective Assistance, 10th Circuit Says

The Tenth Circuit has published an opinion rejecting a claim that defense counel in a murder case provided ineffective assistance in failing to raise a Daubert challenge to the testimony of the prosecution's forensic chemist. See Miller v. Mullin, No. 02-6199 (10th Cir. Jan. 21, 2004) (Seymour, Henry, & O'Brien, JJ.).
Fed. R. Evid. 702: 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, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.