DAUBERT IN FLORIDA: ONE YEAR LATER July 18, 2014

Transcript:DAUBERT IN FLORIDA: ONE YEAR LATER July 18, 2014:
DAUBERT IN FLORIDA: ONE YEAR LATER July 18, 2014 LEARNING OBJECTIVES Summary and Analysis of Florida Appellate Opinions on Daubert Discussion of Trial Court Orders on Daubert Procedural and Substantive Recommendations for Handling Daubert Motions in State Court QUESTION ONE: Which German Philosopher was the Subject of a daubert Opinion by the Florida Supreme Court? 1) Karl Marx 2) Rudolph Fichte 3) Johan Fiezte 4) Friedrich Neitzsche Friedrich Neitzsche Zakrewski v. State, 2014 WL 2810560 (Fla. June 20, 2014) Prisoner files appeal of post conviction relief order On appeal, he claims that the Daubert standard should be applied retroactively to the testimony of a penalty-phase witness concerning the beliefs of Nietzsche—this testimony occurred at a hearing in 1996 Holding: Daubert would not apply retroactively to a hearing held in 1996 and further that Nietzsche’s testimony would not be governed by Frye or Daubert Rule 90.702, Florida Statutes 90.702 Testimony by Experts—if scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if: (1) the testimony is based on 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 Question Two: What is the Burden of Proof? 1) Clear and Convincing 2) Beyond a Reasonable Doubt 3) Preponderance of the Evidence Daubert: Burden of Proof Proponent of the evidence has the burden of proof to show the evidence is relevant and reliable by the PREPONDERANCE OF THE EVIDENCE (US v. Frazier, 387 F.3d 1244 (11th Cir. 2004)) Question Three: What is the Standard of Review on Appeal? 1) De Novo 2) Abuse of Discretion Appellate Review The standard of review on appeal is Abuse of Discretion, GE v. Joiner, 522 U.S. 136 (1997) Question Four: What types of expert testimony does Daubert apply to? 1) Medical Doctors 2) Accident Reconstructionist 3) Damages Expert on Lost Profits in Commercial Cases 4) All expert testimony Daubert applies to ALL EXPERT TESTIMONY Daubert analysis applies to all Expert Witness Testimony, Kumho Tire v. Carmichael, 526 U.S. 137 (1999) Daubert Flowchart Fla. Stat. 90.702, is the “witness qualified as an expert”? Court should consider the