Wednesday, June 21, 2006

Kentucky Supreme Court Upholds "Homicide by Heart Attack" Testimony

The Kentucky Supreme Court has upheld testimony from a medical examiner who opined in a manslaughter trial that the cause of death was "homicide by heart attack." See Baraka v. Commonwealth, No. 2004-SC-0256-DG (Ky. June 15, 2006).

posted by pn at 2:21 PM  

1 Comments:

Anonymous writes ...

Lame. So when the the expert says "homocide" he just refers to "when one person causes the death of another." He should avoid that word and just say that the altercation caused the heart attack. It seems like more of a 403/prejudicing-the-jury problem than a Daubert problem though.

6:42 PM  

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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.