Does an expert's "rule of thumb" assessment meet scientific standards, or should it be inadmissible? Former Monmouth County Superior Court Judge Louis Locascio weighs in on the recent New Jersey Supreme Court ruling.
December 28, 2023 at 10:00 AM
7 minute read
Is an expert’s testimony—that based upon the expert’s rule of thumb, the defendant’s cell phone was likely near the scene of the crime—admissible in evidence?
Yes, said the trial court. Yes, said the Appellate Division. No, said the New Jersey Supreme Court. State v. Burney. 255 N.J. 1 (2023).
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