New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google
State v. Olenowski
The New Jersey State Bar Association will file supplemental briefing following a special master report in State v. Olenowski. Judge Joseph F. Lisa found that the state has clearly established its Drug Evaluation Classification Program (DECP) and the 12-step Drug Recognition Experts (DRE) protocol satisfy the reliability standard of N.J.R.E. 702 when analyzed under the Daubert standard. The NJSBA argued that the Daubert standard, not the Frye standard, should apply in evaluating the scientific reliability of such evidence and that under both standards, DRE testimony is scientifically unreliable.
