• The Third Department, in affirming defendant's conviction, determined the testimony of the DNA expert (Pasqualino) did not violate defendant's right of confrontation. (newyorkappellatedigest.com)
  • This court, conducting review under G. L. c. 278, § 33E, concluded that at the trial of an indictment charging murder in the first degree on a theory of deliberate premeditation, a medical examiner's testimony regarding the victim's autopsy, which was conducted by another medical examiner, although violative in certain respects of the defendant's right of confrontation guaranteed by the Sixth Amendment to the United States Constitution and art. (masscases.com)
  • Upon a defendant's request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial. (cornell.edu)
  • iii) the defendant's recorded testimony before a grand jury relating to the charged offense. (cornell.edu)
  • ii) was personally involved in the alleged conduct constituting the offense and was legally able to bind the defendant regarding that conduct because of that person's position as the defendant's director, officer, employee, or agent. (cornell.edu)
  • Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows-or through due diligence could know-that the record exists. (cornell.edu)
  • Dr. Burnett's testimony and report retort the expert testimony of the defendant's expert. (expertwitnessblog.com)
  • The case tests the meaning of an 8-to-1 Supreme Court decision in 1985, called Ake v. Oklahoma , which declared that when a defendant's mental status is an issue, he is entitled to a competent mental health expert to assist in his defense. (wesa.fm)
  • Defendant's wife, Lucy LaBounty, operated a day-care facility out of the home she shared with defendant in St. Johnsbury. (findlaw.com)
  • It concluded that the special definitions of 'felony' and 'misdemeanor' in the repeater statute, which preclude counting prior motor vehicle offenses when determining whether a defendant's criminal record qualifies the defendant for habitual-criminal status, have no bearing when determining the five-year lookback and excluding from that calculation 'time' a defendant 'spent in confinement' on a 'criminal sentence. (wisbar.org)
  • The end result was only five years shaved off the defendant's 19-year sentence - a sentence that rested solely on the ATF's claims about the total weight of the nonexistent drugs in the nonexistent stash house the defendant never raided. (techdirt.com)
  • Recently, a Virginia appellate court considered a case involving a question of whether a plaintiff's expert witness testimony survived a defendant's motion to strike. (marylandaccidentlawblog.com)
  • Moeser said based on the new evidence, "the hair which was allegedly that of the defendant's at trial is now known not to be that of the defendant. (wpr.org)
  • Indeed, the jury's economic damages award of $585,000 not only fell well below the projection of plaintiff's expert, but also ran at the low-end of the projection provided by Defendant's economist. (medscape.com)
  • These lawsuits allege negligence, specifically that social work defendants owed a duty to the plaintiff, breached this duty, and the defendant's actions caused harm. (bvsalud.org)
  • Jeff has spent his entire career practicing complex business litigation and has extensive experience trying both jury and non-jury cases for plaintiffs and defendants in federal and state courts and before arbitration tribunals. (bestlawyers.com)
  • Dr. Miles provides consultations, reports, and expert testimony to both plaintiffs and defendants in litigated civil and criminal matters. (jurispro.com)
  • After jurors rendered their $1.3 million verdict against Marks, he requested a new trial, claiming the witness's testimony and the emotional displays of the witness and the attorney unfairly influenced the jury. (medscape.com)
  • Dr. Burnett states that the other expert's testimony stems from a design that is invalid, a sample universe that is unrepresentative, and had a misleading questionnaire. (expertwitnessblog.com)
  • Although the expert relied on data collected by non-testifying witnesses, the conclusions drawn from the data were entirely her own. (newyorkappellatedigest.com)
  • Our target client profile is primarily expert witnesses and leaders in the engineering and ergonomic/human factors business community with considerable emphasis on those also servicing individual law firms, attorney groups, and to a lesser extent, product manufacturers and service providers. (encyclopedia.com)
  • The court appointed counsel who apparently failed to hire expert witnesses who could testify about the standard of care. (prisonlegalnews.org)
  • Under Alabama law, those expert witnesses were considered neutral - their evidence and conclusions were available to both sides. (wesa.fm)
  • Prosecution witnesses and experts argue for the prosecutors, and defense experts do the same for their side. (wesa.fm)
  • You may limit your search for Drug Abuse expert witnesses to a specific area by selecting a state from the drop down box. (jurispro.com)
  • Elite Medical Experts is a physician-based firm that finds and aligns practicing, top-tier, Board Certified professors of Addiction Medicine as expert witnesses with legal professionals. (jurispro.com)
  • This process can be incredibly complicated, and virtually all plaintiffs must rely on expert witnesses to make their case. (marylandaccidentlawblog.com)
  • Expert witnesses can testify to the court about how the injuries happened, what the defendant should or should not have done, the appropriate industry standards in a particular area, or the extent of the resulting injuries. (marylandaccidentlawblog.com)
  • The plaintiff presented two expert witnesses to support their case, but the defendants filed a motion to strike the evidence. (marylandaccidentlawblog.com)
  • The expert witnesses testifying for the plaintiffs gave adequate details about what the defendants should have done - conducted a physical exam when the patient complained of pain and fever-and what would have been the likely outcome-the patient's infection being treated earlier, and the patient surviving. (marylandaccidentlawblog.com)
  • Ordinarily, such contests are predicated on the deposition testimony of the respective parties' expert witnesses. (cdc.gov)
  • An intelligent evaluation of complex or novel scientific testimony is dependent upon the testimony of witnesses with specialized knowledge. (cdc.gov)
  • During the May 2002 trial, Lobato testified to her innocence, and her attorneys brought in experts who also stated that Lobato could not have committed the crime based on physical evidence, but Judge Valorie Vega suppressed much of the experts' testimony. (wikipedia.org)
  • The case Van Buren relies on, Ashcroft v. Free Speech Coalition , 535 U.S. 234 (2002), does not require expert testimony or other evidence to establish the reality of apparently real photographs. (wicourts.gov)
  • In the late afternoon of June 21, 2002, the defendant was socializing with friends in the parking lot of a liquor store on Pleasant Street in Brockton. (masscases.com)
  • Because the defendant was a habitual criminal, that overall maximum term of imprisonment could be increased by up to six years. (wisbar.org)
  • Having concluded that the defendant was a 'habitual criminal,' the circuit court sentenced him to the maximum term of imprisonment for the OWI-sixth offense and enhanced that sentence by an additional four years for the habitual criminality. (wisbar.org)
  • The time must be sufficiently before trial to provide a fair opportunity for the defendant to meet the government's evidence. (cornell.edu)
  • With internationally recognized experts, ASC delivers impartial scientific evaluation of the role of drug and chemical exposure in civil and criminal litigation. (jurispro.com)
  • Challenges to the admissibility of "scientific" testimony are ubiquitous in litigation involving exposure to occupational and environmental factors. (cdc.gov)
  • These four factors are "illustrative" not "exhaustive," and courts should also consider whether the proposed testimony grows "naturally and directly" from research conducted independently of litigation or , alternatively, whether there is objective evidence that the testimony is based on scientifically valid principles. (cdc.gov)
  • The defendant requests that we reverse the murder conviction and grant him a new trial or reduce the verdict. (masscases.com)
  • The defendant was convicted of a Class E felony and it also was established that he was a habitual offender by virtue of a prior felony conviction. (wisbar.org)
  • Defendant Aime LaBounty appeals his conviction of aggravated sexual assault against two preschool girls in violation of 13 V.S.A. § 3253(a)(8). (findlaw.com)
  • Defendant Floyd appealed his judgment of conviction, arguing the circuit court erred in denying his motion to suppress evidence of illegal drugs discovered on him during a traffic stop. (wisbar.org)
  • After considering testimony during a hearing on a post-conviction relief motion more than a year ago and subsequent arguments from prosecution and defense attorneys, Chief District Judge Pattie Swift this week vacated Voss' conviction and sentence and ruled that Voss should be granted a new trial. (alamosanews.com)
  • Providing clients with deposition summarization services and legal support for expert witness testimony. (encyclopedia.com)
  • Physicians get called upon all the time to act as medical experts by writing reports, examining patients, or testifying under oath in a deposition or at a trial. (medpagetoday.com)
  • Jay Martin Barrash, MD, is a licensed neurosurgeon of many years in the Houston area with a healthy professional income from rendering medico-legal services such as providing expert witness reports, doing independent medical examinations, and testifying under oath at deposition and in trials. (medpagetoday.com)
  • The situation that put Barrash in the AANS cross hairs centered on his opining in the malpractice case without first looking at a critical x-ray, and then also providing "improper advocacy," i.e., biased testimony in a deposition relating to the consequence of a post-surgery infectious process that developed in the injured plaintiff. (medpagetoday.com)
  • Videos and reporting about conversations some of Trump's Georgia co-defendants had with prosecutors just before pleading guilty in that case have been shared and reported by ABC News and The Washington Post. (msnbc.com)
  • Evidence, Cross-examination, Expert opinion. (masscases.com)
  • IMS ExpertServices has just published an excellent whitepaper titled " Expert Trial Testimony: Direct and Cross Examination ," written by Tony Klapper, of A2L Consulting , and James Crane, of IMS ExpertServices. (rfcafe.com)
  • in reaching this conclusion, the court excluded time during which the defendant was in confinement serving various sentences, including 365 days he was confined for an OWI-fifth offense. (wisbar.org)
  • On appeal, the defendant claimed that the circuit court erred in excluding the 365 days spent in confinement for the OWI-fifth offense when calculating the five-year lookback period because the prior OWI is a motor vehicle offense. (wisbar.org)
  • Both experts offered contradictory findings - which doomed Howe's request for summary judgment. (courthousenews.com)
  • Weighing expert testimony and reports and making fact decisions are fact issues to be resolved at trial," the judge wrote in a summary judgment order . (courthousenews.com)
  • The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner's serious medical needs. (prisonlegalnews.org)
  • MEMORANDUM OPINION AND ORDER re 184 SEALED MOTION Defendants' Daubert Motion to Exclude Testimony of Plaintiff's Expert Keith R. Ugone on Disgorgement Damages filed by Golden Gate National Senior Care, Fillmore Strategic In vestors, LLC, Fillmore Strategic Management, LLC, Fillmore Capital Partners, LLC, Alixa Rx LLC. (justia.com)
  • KD knows that it was the defendant who brutally attacked her in 1987," the prosecutors said. (wpr.org)
  • Defendants Daubert Motion to Exclude Testimony of Plaintiffs Expert Keith R. Ugone on Disgorgement Damages (Dkt. (justia.com)
  • 702. In Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court instructed courts to function as gatekeepers, and determine whether expert testimony should be presented to the jury. (justia.com)
  • When evaluating Daubert challenges, courts focus "on [the experts'] principles and methodology, not on the conclusions that [the experts] generate. (justia.com)
  • Accordingly, the decision to allow or exclude experts from testifying under Daubert is committed to the sound discretion of the district court. (justia.com)
  • Daubert articulated a two-prong test to determine whether expert scientific testimony is admissible: The testimony must relate to "scientific knowledge" and "assist the trier-of-fact to understand or determine a fact in issue. (cdc.gov)
  • The defendant argues that Mr. Vianello's opinion should be excluded because he did not calculate any damage amount sustained by either plaintiff and that he bases his calculation on financial records of affiliated non-parties that have not been substantiated. (expertwitnessblog.com)
  • The defendant argues that Mr. Vaniello's report ignores the corporate veil that separates the numerous RadNet companies and that his damages opinions are not relevant to the case because the entities he points to are not parties to this case. (expertwitnessblog.com)
  • The defendant argues that Dr. Burnett's testimony should not be admitted because they improperly opine on the ultimate issue, are not rooted in generally accepted science, and are predicated on a small amount of reliable evidence. (expertwitnessblog.com)
  • The defendant then argues that Dr. Burnett does not have enough experience to rebut the opinions of the other expert witness nor should he be allowed to offer opinions on consumer confusion studies. (expertwitnessblog.com)
  • Last, the defendant argues that Dr. Burnett's testimony should be excluded because the low number of instances of actual confusion are de minimis. (expertwitnessblog.com)
  • Besides the AMA also addressing physicians testifying as experts, such rules have been the subject of much debate regarding their role in the American legal justice system that itself dictates the relevancy and reliability of expert testimony. (medpagetoday.com)
  • The plaintiff hired a business valuation expert witness to provide testimony in this case. (expertwitnessblog.com)
  • The plaintiffs have hired business valuation expert witness Marc Vianello to provide testimony. (expertwitnessblog.com)
  • Plaintiff hired a Marketing Expert Witness to provide testimony. (expertwitnessblog.com)
  • The plaintiff hired Marketing Expert Witness , John J. Burnett, Ph.D to provide testimony on their behalf. (expertwitnessblog.com)
  • ANALYSIS Defendants move to exclude the testimony of Dr. Keith R. Ugone, Tech Pharmacy's expert on disgorgement damages. (justia.com)
  • Defendants argue Dr. Ugone's opinion is not based on a legally correct measure of damages for Tech Pharmacy's claims 1 and thus is unreliable, irrelevant, and confusing to the jury. (justia.com)
  • Next, the defendant states that Mr. Vianello's damages opinions are not reliable because he basis his calculations on unsubstantiated records of non-parties, ignores costs incurred by the "corporate level" and uses an incorrect calculation to formulate a current value reduction for future costs. (expertwitnessblog.com)
  • Typically, the plaintiff alleges that the defendant negligently exposed the plaintiff to a physical or chemical agent that has proximately caused an adverse health consequence for which the plaintiff seeks monetary damages. (cdc.gov)
  • Other defendants were entities that allegedly sold or provided asbestos-containing products to Flora's employers, companies that performed construction work at her places of employment, and companies that allegedly manufactured, sold, or placed in the stream of commerce asbestos-containing products. (findlaw.com)
  • Why were the guards allegedly armed-necessitating that Defendants bring weapons along with them? (techdirt.com)
  • The plaintiffs argue that his calculations accounts for all of the expenses that RNMIP (another company) would have incurred to provide or arrange for service to the defendant. (expertwitnessblog.com)
  • The defendants attempted to argue that the testimony did not do this, but the court disagreed. (marylandaccidentlawblog.com)
  • Expert witness testimony in disciplinary proceedings, fee disputes, and malpractice actions. (bestlawyers.com)
  • Under existing case law, expert witness testimony in medical malpractice cases must present evidence about what the defendants should have done and what the probable outcome would have been if they had. (marylandaccidentlawblog.com)
  • A Pennsylvania physician claims that an attorney who cried during testimony unfairly tainted his malpractice trial and led to a $1.3 million jury award against him. (medscape.com)
  • Social workers are sometimes named as defendants in malpractice lawsuits. (bvsalud.org)
  • U.S. District Judge Peter Welte ruled that defendant Michael Howe, the secretary of state in North Dakota, failed to prove his argument under existing case law. (courthousenews.com)
  • I have been retained by attorneys representing plaintiffs and also those representing defendants. (eeoc.gov)
  • The judges appointed Harley Myler, an expert witness for the defense and a electrical engineering professor at Lamar University in Texas to analyze changes in the code, which the attorneys say Florida has not certified. (adtmag.com)
  • Judge Wilson later instructed jurors to disregard certain testimony at the request of Marks' attorneys and reminded them not to be influenced by sympathy. (medscape.com)
  • For the Class E felony, the defendant faced a maximum penalty of two years in confinement and, if that maximum were imposed, it could be followed by a maximum of three years of extended supervision for an overall term of imprisonment of five years. (wisbar.org)
  • The circuit court imposed the maximum confinement and extended supervision penalties for the Class E felony and then increased them by adding three years to the maximum term of confinement and two years to the maximum period of extended supervision because the defendant was a habitual offender. (wisbar.org)
  • Instead, the defendant urged, any penalty enhancement can be applied only to increase the term of confinement in prison. (wisbar.org)
  • 184). After reviewing the relevant pleadings, the Court denies Defendants' motion. (justia.com)
  • It contains over 15,000 pages of pleadings and three weeks of trial testimony. (findlaw.com)
  • This gate-keeping obligation applies to all types of expert testimony, not just scientific testimony. (justia.com)
  • While not calculated to provide an exhaustive treatise on the admissibility of scientific evidence in legal proceedings, this chapter is designed to provide occupational and environmental medicine physicians and other health and safety professionals preparing testimony with a fundamental understanding of the principles governing the admissibility of scientific testimony in civil proceedings. (cdc.gov)
  • The test for determining reliability can adapt to the particular circumstances underlying the testimony at 2 issue. (justia.com)
  • The insanity defense is a legal construct that, under some circumstances, excuses defendants with mental illness from legal responsibility for criminal behavior. (jaapl.org)
  • Second, defendant claims error in the trial court's denial of his challenges to two jurors for cause. (justia.com)
  • In her decision, Judge Wilson wrote that nothing in the jury's verdict appeared to indicate that jurors were swayed by sympathy and that the verdict appeared to be conservative in light of the testimony presented. (medscape.com)
  • Because the relationship between exposure to an occupational and environmental factor and an adverse health outcome is not only disputed but also beyond the purview of common knowledge, determination of causation is uniquely within the province of the occupational and environmental medicine physician - expert opinion testimony is required to resolve the medicolegal dispute. (cdc.gov)
  • 233). LEGAL STANDARD Federal Rule of Evidence 702 provides for the admission of expert testimony that assists the trier of fact to understand the evidence or to determine a fact in issue. (justia.com)
  • After a change of venue from Bennington to Addison Superior Court, a jury found the defendant guilty of murder in the second degree. (justia.com)
  • The motion was granted, and defendant was retried many miles from Bennington and Addison Counties in the Washington Superior Court upon a charge of murder in the second degree. (justia.com)
  • Finally, defendant objects to the failure of the trial court to grant him a bifurcated trial. (justia.com)
  • The trial court denied this motion, stating that "[n]o credible evidence has been introduced to establish that Mr. Bolton is biased or prejudiced to the point that defendant would be deprived of his constitutional right to a fair and impartial trial. (justia.com)
  • What the court is left with is conflicting expert testimony as to whether districts 9B and 15 allow Native Americans an opportunity to elect preferred candidates and whether these candidates are usually defeated by a white voting bloc. (courthousenews.com)
  • The court of appeals heard the case en banc and divided 4-3, with one of the four justices in the majority writing separately to encourage the Court to grant review. (scotxblog.com)
  • MARSHALL, C.J. A Superior Court jury convicted the defendant of murder in the first degree on a theory of deliberate premeditation. (masscases.com)
  • IMS ExpertServices occasionally sends me e-mails that highlight recent key court cases that can significantly affect the effectiveness of expert testimony, both for the plaintiff and for the defendant. (rfcafe.com)
  • These folks have for a long time provided articles and papers to educate professionals on the aspects of expert testimony in court cases. (rfcafe.com)
  • Ellison's final judgment is now on appeal because he did not reverse all the grounds for the censure, but it appears to be the first time any physician who in court challenged the AANS managed to put at least a "crack" in the armor of its medical expert rules. (medpagetoday.com)
  • The court further stated that Dr. Burnett's experience of over forty years in consumer behavior, branding, and advertising makes it proper for him to opine on the factors used in his testimony. (expertwitnessblog.com)
  • The court again disagrees, stating that Dr. Burnett education and experience in marketing and statistics make his testimony both relevant and reliable in connection with the facts at issue. (expertwitnessblog.com)
  • The court again disagreed, stating that, based on his experience and education, this testimony should be allowed. (expertwitnessblog.com)
  • While the [musicologists] present themselves as 'friends of the Court,' the more accurate term is 'friends of the Defendants. (digitalmusicnews.com)
  • The rule is important because McWilliams has exhausted his other appeals, and he only qualifies for resentencing if the denial of a defense expert witness violated a clearly stated Supreme Court rule. (wesa.fm)
  • Reversing, the court of appeals clarified the appropriate bounds of expert testimony in a sexual abuse case. (scmlaw.com)
  • On leaving his vehicle, he and the defendant resumed a running argument about another automobile that the defendant had purchased from the victim and his girl friend the previous month for $400. (masscases.com)
  • If you find yourself the victim of a lawsuit (defendant), you must be prepared to endure the assaults of a skilled prosecution team. (rfcafe.com)
  • The defendant pled guilty to attempted aggravated assault for attacking the victim with a shovel. (scmlaw.com)
  • On appeal, defendant raises four claims of error. (justia.com)
  • With today's verdict, the defendant is held accountable for having a hand in every aspect of his pill mill, from the importing of unapproved medications from India, to personally filling orders for these drugs for customers throughout the country. (justice.gov)
  • or that a contradictory medical expert had communicated her opinion to the district attorney's office before the trial or established that her opinion qualified as newly discovered evidence. (alamosanews.com)
  • The trial judge ultimately sentenced McWilliams to death, citing testimony at the trial from two state-employed psychiatric experts who said he was faking his mental illness. (wesa.fm)
  • Thus, it reflects a consensus among members and experts about the principles and practice applicable to the conduct of insanity defense evaluations. (jaapl.org)
  • These parameters are not intended to represent all acceptable, current, or future methods of evaluating defendants for and drawing conclusions about the insanity defense. (jaapl.org)
  • This document is intended as a practical guide to insanity defense evaluations of adult defendants. (jaapl.org)
  • Insanity defense: a special defense in the criminal law excusing a defendant from criminal responsibility. (jaapl.org)
  • A defendant whose insanity defense is successful is adjudicated either not guilty by reason of insanity (NGRI or NGI) or guilty but not criminally responsible (NCR), depending on the jurisdiction. (jaapl.org)
  • But lawyer Stephen Bright of the Southern Center for Human Rights says there just is no effective way for the prosecution and defense to share an expert witness. (wesa.fm)
  • Alabama Attorney General Steve Marshall conceded that Alabama now provides for a separate expert witness for the defense, but he contended that shouldn't affect the sentences of others who were sentenced without that assistance. (wesa.fm)
  • So the question essentially boils down to this: Did the 1985 Ake ruling require the defense to have an independent expert witness of its own, or did it simply require a neutral expert witness available to both sides? (wesa.fm)
  • Justice Sonia Sotomayor, the only justice to have spent significant time as a trial judge, asserted that what's at stake here is "what kind of aid a defendant is entitled to, to mount a viable defense, correct? (wesa.fm)
  • The defendants have established through expert testimony that the source code is material to their defense, the three judges wrote in their ruling in early November. (adtmag.com)
  • One recent lawsuit involving a Texas physician against the granddaddy of all medical groups that regulate expert testimony by members -- the American Association of Neurological Surgeons (AANS), which started its medical expert program in 1983 -- continues to exemplify this trend. (medpagetoday.com)
  • Designing a biological monitoring program to assess community exposure to chromium: conclusions of an expert panel. (cdc.gov)
  • The ability to evaluate whether defendants meet a jurisdiction's test for a finding of not criminally responsible is a core skill in forensic psychiatry. (jaapl.org)
  • Defendant promptly filed a motion to disqualify the state's attorney from prosecuting him. (justia.com)
  • Defendant Schwebke was convicted of disorderly conduct for sending 'anonymous' mailings on six occasions to three different people, contrary to Wis. (wisbar.org)
  • Third, defendant claims it was error not to allow him to absent himself from his trial. (justia.com)
  • Program Chair Robert Kelner , Kelner & Kelner, has brought together an extraordinary faculty of judges, experienced litigators, mediators and medical experts for the 41st Annual Civil Trial Practice Institute. (nycla.org)
  • At the trial of an indictment charging the defendant with murder in the first degree on a theory of deliberate premeditation, the judge's instructions provided the jury with adequate guidance on how to evaluate the evidence of mental impairment as it pertained to premeditation, and the judge was not required to repeat portions of the general instructions on the weighing of evidence when instructing on mental impairment. (masscases.com)
  • A three-week jury trial was held against Vanderbilt and three remaining defendants, General Motors, Ford Motor, and Pneumo Abex. (findlaw.com)
  • At issue is whether an indigent defendant whose sanity is a significant factor at his trial is entitled to an expert witness, independent of the prosecution, paid for with money from the state. (wesa.fm)
  • But during the doctor's 4-day trial, several parties had emotional outbursts in front of the jury, including the plaintiff's' attorney, a physician expert witness, the patient, and a family member. (medscape.com)
  • According to trial transcripts, a gynecologic oncologist expert began crying on the stand after providing a clinical description of the symptoms that plaintiff, Chasidy Plunkard, would probably experience leading up to her death. (medscape.com)
  • The expert witness "and plaintiff's counsel undoubtedly affected the jury's ability to decide this case in a dispassionate and impartial way and denied Dr. Marks his right to a fair trial," attorney Matthew Rappleye wrote in Marks' motion for a retrial. (medscape.com)
  • In response, an attorney for Plunkard emphasized that Marks did not request a retrial during the trial and that he was granted objections to the relevant testimony that he sought. (medscape.com)
  • On behalf of the defendant-appellant, the cause was submitted on the briefs of Waring R. Fincke of West Bend. (wicourts.gov)
  • A proffered expert witness is qualified to testify by virtue of his or her "knowledge, skill, experience, training, or education. (justia.com)
  • For example, currently I am an Expert Witness in a case involving a number of high school students at several interconnected high schools. (eeoc.gov)
  • This case highlights the need for expert medical testimony to win in such cases. (prisonlegalnews.org)
  • BACKGROUND On March 10, 2017, Defendants filed the present motion (Dkt. (justia.com)
  • After the plaintiff presents their evidence, the defendant may file a motion to strike the evidence from the record (or vice versa). (marylandaccidentlawblog.com)
  • The defendant was excluded from that profile," according to the motion to dismiss filed by Ozanne and Assistant District Attorney Erin Hanson. (wpr.org)
  • The defendant was originally charged with murder in the first degree for the killing of a young girl by strangulation. (justia.com)
  • Expert witness testimony must assist the jury in understanding the evidence and determining disputed medicolegal facts. (cdc.gov)
  • Although the described rules of law are not specifically applicable to workers' compensation claims in a majority of states, the methodologic prerequisites for credible (valid and reliable) testimony in administrative proceedings are relevant. (cdc.gov)
  • Because if you disagree with the way your organization regulates what you do as an expert witness, it's hard to fight against it. (medpagetoday.com)
  • Drug abuse experts found on this page may consult on issues involving substance abuse, alcohol and drug abuse, and addiction. (jurispro.com)
  • Courts act as gatekeepers of expert testimony "to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field. (justia.com)
  • To ensure the accuracy and integrity of his testimony, Dr. Anderson and his staff independently analyze the relevant materials in most cases. (experts.com)