Legal Opinion

United States v. Nimmer

Court of Appeals for the Armed Forces

Decided September 29, 1995No. 94-0768; CMR No. 922146PublishedCited by 17 opinions

1Opinion of the Court

Opinion of the Court

WISS, Judge:

1. This is an appeal from a special court-martial conviction by officer members for wrongful use of cocaine.1 We agreed to consider whether the military judge abused his discretion when he excluded expert testimony regarding a negative hair analysis for presence of a cocaine metabolite, which was offered by the defense as tending to rebut the prosecution’s allegation of a one-time use of cocaine.2 See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); United *253States v. Gipson, 24 MJ 246 (CMA 1987). Under the…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  4. James R. O'COnner v. Commonwealth Edison Company and London Nuclear Services, Inc., and United States of America, Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 1994
  5. United States v. GipsonUnited States Court of Military Appeals · 1987

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3Cited by17 opinions

  1. United States v. SchefferCourt of Appeals for the Armed Forces · 1996
  2. United States v. YoungbergCourt of Appeals for the Armed Forces · 1995
  3. United States v. WilliamsCourt of Appeals for the Armed Forces · 1995
  4. United States v. CampbellCourt of Appeals for the Armed Forces · 1999
  5. United States v. St. JeanCourt of Appeals for the Armed Forces · 1996

12 more not listed; retrieve them via the Exa API.

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