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Jules Epstein Jules Epstein

Pennsylvania remains a Frye jurisdiction, with the threshold for expert discipline evidence being whether it has “general acceptance.” The goal is to let the specialists—those in the discipline who presumably know best—tell the courts what is reliable; and once that is resolved the issue is not to be revisited. Or so it has seemed, and so it has been posited. But two cases—one awaiting decision in the Pennsylvania Supreme Court and another recently issued by the Superior Court—call into question the conventional wisdom of how Frye issues are to be addressed in this commonwealth.

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