Tuesday, August 31, 2004

1st Circuit Says Prosecution's Use of "Overview" Witness Was Harmless Error

The First Circuit has previously criticized the prosecutorial use of "overview" witnesses. In a decision issued yesterday, it repeated that criticism but held that the error was harmless in the circumstances of the case. As is now routine, it also upheld a law enforcement officer's testimony on the modus operandi of persons engaged in the drug trade. See United States v. Garcia-Morales, No. 03-2094 (1st Cir. Aug. 30, 2004) (Torruella, Selya, & Howard, JJ.).

posted by pn at 11:58 AM  

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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.