Saturday, January 06, 2007

Autopsy Can't Say Whose Finger(s) Pulled the Trigger, Says Mississippi High Court

The Mississippi Supreme Court has ruled that a trial court erred by admitting speculative testimony on the number of trigger-pullers in a murder case, offered by the physician who performed the victim's autopsy. The heart of the matter: "you cannot look at a bullet wound and tell whether it was made by a bullet fired by one person pulling the trigger or by two persons pulling the trigger simultaneously." See Edmonds v. State, No. 2004-CT-02081-SCT (Miss. Jan. 4, 2007).

posted by pn at 11:59 AM  

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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.