Thursday, November 02, 2006

Judge Bars Testimony from Scooter Libby's Memory Expert

Not helpful to the trier of fact. See United States v. Libby, Crim. No. 05-394 (D.D.C. Nov. 2, 2006) (Walton, J.). Jurist has more.

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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.