Expert Witness News, Articles, Reports and Reference Documents

Sep 16 ’21 — Expert opinions cannot be excluded simply because they are based on inadmissible evidence, if the evidence could be reasonably relied upon by the expert, the California Court of Appeals has ruled.

Feb 26 ’21 — A trial judge who bolstered the prosecution’s expert witness through direct questioning committed prejudicial misconduct, a California Court of Appeal has ruled, finding clear bias in the judge's criticism of the defense for failing to hire an expert.

Feb 25 ’21 — A judge who bolstered an expert's testimony through direct questioning committed prejudicial judicail misconduct, a California Court of Appeal has ruled, reversing the conviction.

Feb 11 ’21 — Diagnoses of Shaken Baby Syndrome have been found “insufficient” and unreliable in a growing body of scientific research, leaving courts in a not uncommon conundrum where once accepted forensic science gradually becomes debunked.

Jan 21 ’21 — A “world-renowned TMJ surgeon, scholar, and surgical instructor”, who was active in research in his field and teaching surgical techniques was excluded as an expert witness as he was found not to be in “active practice.”

Dec 8 ’20 (Updated Jan 2 ’21) — The US Ninth Circuit Court of Appeals has rebuked the Immigration Appeals Board for repeating its ruling that discounted a gang expert witness’ testimony. The Ninth Circuit explained that its decision “… was not subject to disapproval or revision.”

Nov 24 ’20 — What constitutes an “offensive odor” is a subjective opinion reasonably excluded, the US Fifth circuit has held, but expert opinions using a “proxy” for those odors, such as the presence of hog feces, are admissible.

Nov 12 ’20 — “Community standards” have been litigated since the obscenity trials of the 1950s, but they are rarely more confounding than in the medical malpractice cases of rural American states like Idaho where courts determine who knows what standards apply.

Oct 11 ’20 (Updated Oct 12 ’20) — Plaintiffs attorneys searching for an expert witness are running out of time, even though their are some 12,000 specialists who would qualify, according to the state district court judge in the politically charged anti-mask case.

Oct 1 ’20 — Going to trial knowing that their case was based on an expert witness opinion that was “deeply flawed, ” the plaintiffs’ attorneys were “objectively reckless, ” , a federal judge has ruled, sanctioning them personally up to $1.5 million.