Category Archives: Evidence Rule 702 – Scientific/Expert Evidence

1. Washington Criminal Caselaw Update – State v. Floren (December 2011) – Blood Stain Pattern Evidence

   Jan 6, 2012 —

   The court summarized the case well:  Tracy Floren was convicted of murder in the first degree while armed with a firearm arising from the shooting death of his wife, Nancy. At trial, the prosecution argued that Floren had staged the scene to convince authorities that a burglar had killed Nancy. Consistent with this theory of … [More]

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2. Rare Exclusion Of Expert Opinion – Williams v. Bose (November 2011)

   Nov 27, 2011 —

   A doctors testimony was found not helpful to the jury because he lacked the expertise and would testify on the ultimate issue that the jury was to consider.  Division I of the Court of Appeals heard an appeal from Mr. Williams who made multiple claims against Bose and Christensen and his boss:  racial discrimination; disparate treatment; … [More]

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3. Washington Criminal Caselaw Update 2011 – State v. Pierce (November 2011)

   Nov 15, 2011 —

   The Court of Appeals, in this unpublished opinion, upheld the trial courts determination of a “gang expert” as an expert under  Evidence Rule 702.  What’s interesting about this otherwise long and tedious opinion is the comment by the Appellate Court that if the defense had shown that the expert opinion was nothing but common knowledge … [More]

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4. Washington Criminal Caselaw Update 2011 – State v. Turner (October 2011)

   Nov 6, 2011 —

   Nothing is worse for a criminal defense attorney than a state expert testifying at trial on an ultimate that the jury is supposed to be deciding.  In State v. Turner, Division I of the Court of Appeals rejected Mr. Turners claims that the prosecutor conducted misconduct and that the expert violated pretrial motions by having … [More]

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5. Washington Criminal Caselaw Update – State v. Fitchitt (August 2011)

   Oct 22, 2011 —

   Scientific Evidence has an enormous impact on Jurors.  When government witnesses assume the role of experts the jury assumes their neutrality and scientific objectivity.  Trial lawyers battle to uncover the prosecutorial bias of police officers masquerading as experts based on their experience.  In State v. Fitchitt the Second Division of the Court of Appeals affirmed … [More]

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