United States v. Nimmer
Court of Appeals for the Armed Forces
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
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- United States v. LovingCourt of Appeals for the Armed Forces · 1994
- 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
- United States v. GipsonUnited States Court of Military Appeals · 1987
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