October 25, 2007
Exclusion of Fingerprint Evidence
A Maryland trial court excluded the State's proffer of partial latent fingerprint evidence last Friday. The judge based her ruling on the State's failure to demonstrate that the technology produced valid results. Although the court used the Frye test, the opinion reads like a primer on Daubert. The Baltimore Sun has had a few articles on the case, and an editorial. One article and the PDF of the judge's decision can be found at the following link: Here. The site is fully searchable, so you should be able to find the other articles fairly easily, if you are interested.
October 25, 2007 | Permalink
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Will Judge Souder find the same horse's head in her bed that Judge Pollack found back in 2002 (in Llera Plaza)?
Do the commentators expect that this ruling will, in fact, lead to any other successful "me too" motions, or will the Maryland courts and other state courts stamp out any similar motions?
Department of Government
University of Alabama-Birmingham
Posted by: Rob Robinson | Oct 25, 2007 9:45:49 AM
I think it will have an impact, because Judge Souder's opinion is well reasoned and plainly stated. But it's an uphill climb, and I expect that there will be plenty of backsliding along the way. But this is definitely a step in the right direction.
Posted by: David Faigman | Oct 26, 2007 8:43:19 AM
Agreed that this is a primer on Daubert.
I think that the judge was open to making this decision because the experts who testified are well regarded. They have the credentials to attack fingerprint analysis as junk science, at least as it stands today.
Posted by: d | Dec 9, 2007 6:34:02 PM
think it will have an impact, because Judge Souder's opinion is well reasoned and plainly stated. But it's an uphill climb, and I expect that there will be plenty of backsliding along the way. But this is definitely a step in the right direction.
yes i think that
Posted by: ilanlar | Feb 2, 2008 5:08:42 AM