Monday, August 4, 2014
Shaken Baby, Shaken Defendant: Northern District of Mississippi Deems Polygraph-Related Testimony in Child Abuse Case
As is the case in most states, "[n]either the fact that a polygraph test was administered nor the results of any such test are admissible at trial under Mississippi law." But can evidence be presented that a polygraph examination was scheduled but not conducted? That was the question addressed by the United States District Court for the Nothern District of Mississippi in its recent opinion in German v. Streeter, 2014 WL 3699836 (N.D.Miss. 2014).
Friday, August 1, 2014
Ipse Dixit, Take 2: 11th Circuit Finds District Court Erred in Deeming Pap Smear Testimony Inadmissible
I've written before about the concept of ipse dixit in the context of expert testimony. Ipse dixit is Latin for "he himself said it," meaning the only proof we have of the fact is that this person said it. In many cases, courts will deem expert opinion testimony inadmissible because it is based solely on the ipse dixit of the expert, without any external controls of corroboration. Sometimes, however, a court can go too far in labeling something ipse dixit, which appears to be the case with the recent opinion of the Eleventh Circuit in Adams v. Laboratory Corp. of America, 2014 WL 3724190 (11th Cir. 2014).