Evidence-Wellborn SU2006 Outline

After daubert trial judges have the responsibility to

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Unformatted text preview: ture: Demand note left at the Wachovia was the key evidence in determining whether Paul was the extortionist. Ziegler, FBI document examiner, compared the handwriting on the note and the envelope to Paul's handwriting samples and concluded that Paul was the author of both. District court orally granted the government's motion in limine to exclude testimony of Denbeaux, a law professor, regarding handwriting analysis. District court denied Paul's motion to exclude Ziegler's testimony. Issue: Was Denbeaux qualified as a handwriting expert? Could Ziegler's testimony (who was clearly qualified) assist the jury? Holding: Denbaux's background did not qualify him as an expert, and his knowledge of the subject matter was limited so that it was not an abuse of discretion for the district court to exclude his testimony under 702 Ziegler's testimony assisted the jury's understanding of the evidence; the testimony was more probative than prejudicial: Ziegler specifically identified points of comparison that he recognized between the writing of the extortion note a...
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