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Re: Florida Drops FRYE and Returns to DAUBERT Standard
Posted by: John Lentini (IP Logged)
Date: October 05, 2019 02:10PM

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.

[scholarship.law.unc.edu]



Subject Views Written By Posted
  Florida Drops FRYE and Returns to DAUBERT Standard 90 Chris Bloom, CJBFireConsultant 10/04/2019 11:20AM
  Re: Florida Drops FRYE and Returns to DAUBERT Standard 65 J L Mazerat 10/04/2019 05:27PM
  Re: Florida Drops FRYE and Returns to DAUBERT Standard 56 J L Mazerat 10/05/2019 08:04PM
  Re: Florida Drops FRYE and Returns to DAUBERT Standard 68 John Lentini 10/05/2019 02:10PM


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