Saturday, March 11, 2006

Setback for Lip Print Evidence

An Illinois court has ordered a new trial for a man convicted of murder based on dubious forensic testimony, yesterday's Chicago Tribune reports. Little or no evidence supported the charge, except for "lip prints" on a roll of duct tape found near the body of the deceased.

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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.