Saturday, July 02, 2005

Mississippi Supreme Court Upholds Bloodstain Pattern Analysis

In a lengthy decision confirming the state's adoption of the Daubert standard, the Mississippi Supreme Court has upheld the admissibility of testimony on bloodstain pattern analysis in a homicide case. The defendant challenged the testimony partly on the basis that the blood splatter expert merely assumed that the stains in question were from human blood, but testimony from other witnesses had established a foundation for that conclusion. See Jones v. State, No. 2004-KA-00961-SCT (Miss. June 30, 2005).

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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.