CourtCases2010

2d 191 reh denied 454 us 1093 102 sct 660 70 led2d

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Unformatted text preview: that the subject matter of Professor White's testimony was not beyond the 52 understanding of the average layman and thus cannot be the subject of expert testimony, citing Sea Fresh Frozen [*763] Products, Inc. v. Abdin, 411 So.2d 218, 219 (Fla. 5th DCA), rev. denied, 419 So.2d 1195 (Fla. 1982); Florida Power Corp. v. Barron, 481 So.2d 1309, 1310 (Fla.2d DCA), rev. denied, 488 So.2d 829 (Fla. 1986). Additionally, appellant maintains that Professor White possessed no level of experience or learning that qualified him to render such an opinion. These contentions are without merit. Trial courts are vested with "broad discretion" in deciding the matters which may be the subject of expert opinion evidence, and absent a clear showing [**57] of error, a ruling on such a matter willnot be overturned on appeal. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1981), cert. denied, 454 U.S. 882, 102 S.Ct. 364, 70 L.Ed.2d 191, reh. denied, 454 U.S. 1093, 102 S.Ct. 660, 70 L.Ed.2d 632 (1981). We find ample basis in the record for the trial court's ruling that Professor White was qualified as an expert in the fields of public and private security, and in the fields of criminal law about which he testified. Moreover, Professor White's qualifications as an expert in the fields of public and private security, and criminology were never objected to or questioned by appellant. The court sustained appellant's objection, based upon White's lack of qualifications as an expert in the prediction of future violent behavior, to the question of whether Turner, in view of his past history, "was a danger to people." However, on further questioning, Professor White was permitted to explain the factors involved and the criteria used in determining the risk or potential for future dangerous behavior. We find that the evidence fully supports [**58] Professor White's expertise and qualifications in the matters about which he testified. n11 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n11 Professor White is an associate Professor of Criminology at Florida State University. He has a B.S. degree in criminolog...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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