Sunday, September 10, 2006

Rules 702 Governs Testimony re "Personal Use" Quantities of Meth, Says Utah Supreme Court

The Utah Supreme Court has held that Rule 702 governs testimony by law enforcement officers on whether some quantity of methamphetamine is consistent with personal use. Such testimony is expert opinion, not lay opinion, according to the high court, and it is subject to the discovery requirements for expert testimony in criminal trials. See State v. Rothlisberger, 2006 UT 49.

The ruling affirms an intermediate appellate opinion on which we reported in 2004.

posted by pn at 4:01 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.