Logerquist v. McVey

OPINION

FELDMAN, Justice.

¶ 1 Applying the rule of Frye v. United States, 293 F. 1013 (D.C.Cir.1923), the trial judge entered an order precluding “expert testimony of Plaintiffs alleged repressed memory.” We granted review to clarify Rule 702, Arizona Rules of Evidence, which governs the admission of opinion testimony.

¶2 The construction and application of Rule 702 has become an issue of nationwide concern following the United States Supreme Court’s opinion in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Daubert and its progeny reject the Frye…