Legal Opinion

Commonwealth v. Walker

Supreme Court of Pennsylvania

Decided May 28, 2014PublishedCited by 152 opinions

1Opinion of the Court

OPINION

Justice TODD.

In this appeal by allowance we address the question of whether a trial court may, in its discretion, permit expert testimony in the area of eyewitness identification, and, in doing so, we reconsider our current decisional law which absolutely bans such expert testimony. For the reasons that follow, we hold that, in Pennsylvania, the admission of expert testimony regarding eyewitness identification is no longer per se impermissible, and join the vast majority of jurisdictions which leave the admissibility of such expert testimony to the discretion of the trial court. Thus,…

2Cases cited96 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Manson v. BrathwaiteSupreme Court of the United States · 1977
  4. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  5. Weatherred v. StateCourt of Criminal Appeals of Texas · 2000

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3Cited by152 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 2018
  2. Commonwealth v. Jacoby, T., Aplt.Supreme Court of Pennsylvania · 2017
  3. Commonwealth v. Cousar, B., Aplt.Supreme Court of Pennsylvania · 2017
  4. Saleem Bey v. Superintendent Greene SCICourt of Appeals for the Third Circuit · 2017
  5. Commonwealth v. Poplawski, R., Aplt.Supreme Court of Pennsylvania · 2015

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