Saturday, July 09, 2005

11th Circuit Defends Deferential Review for Daubert Rulings

The Eleventh Circuit has published a lengthy and full-throated defense of deferential appellate review for Daubert rulings, in an opinion affirming the district court's decision to admit testimony by two prosecution chemists in a bench trial. See United States v. Brown, No. 03-15413 (11th Cir. July 8, 2005) (Anderson, Carnes, & Roney, JJ.).


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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.