Not quite the same Supreme Court. Three new members and a conservative majority. Most of the states have adopted Daubert, but most have not adopted Kumho, so in some states, the court ruled that fire investigation is not science, therefore Daubert does not apply. This is a misreading of Daubert (see FN 8 which reads, "Rule 702 also applies to "technical, or other specialized knowledge." Our discussion is limited to the scientific context because that is the nature of the expertise offered here."), but who cares? This article from the NC Law Review is instructive.

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