Friday, July 08, 2005

Duct Tape Revisited

On 6/29/04, we posted news of what our estimable Alabama correspondent Edward Still had described to us, in what seemed a safe use of the definite article, as "the duct-tape case."

Now there are at least two, and we are sorry to say that the Alabama decision of which Mr. Still apprised us last year is the less exotic of the pair, involving as it did only the mundane issue of duct-tape matching. The new one, according to the Chicago Tribune, involves matching lip prints on duct tape.


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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.