Legal Opinion

Commonwealth v. Serge

Pennsylvania Court of Common Pleas, Lackawanna County

Decided September 14, 2001No. 01-CR-260PublishedCited by 10 opinions

1Opinion of the Court

NEALON, J.,

The Commonwealth has filed a motion in limine which raises an issue of first impression in this Commonwealth: whether the prosecution may present a computer-generated animation as demonstrative evidence to illustrate the expert opinions of its forensic pathologist and crime scene reconstructionist as to how a fatal shooting allegedly occurred. Assuming that the Commonwealth satisfies the requirements of Pa.R.E. 401 and 901 by properly authenticating its animated exhibit as a fair and accurate depiction of its experts’ reconstruction of the relevant crime, the Commonwealth will be…

2Cases cited40 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. Hinkle v. City of ClarksburgCourt of Appeals for the Fourth Circuit · 1996
  4. Commonwealth v. TopaSupreme Court of Pennsylvania · 1977
  5. Clark v. CantrellSupreme Court of South Carolina · 2000

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3Cited by10 opinions

  1. Commonwealth v. SergeSupreme Court of Pennsylvania · 2006
  2. State v. SwintonSupreme Court of Connecticut · 2004
  3. State v. SaylesSupreme Court of Iowa · 2003
  4. State v. SipinCourt of Appeals of Washington · 2005
  5. State v. SipinCourt of Appeals of Washington · 2005

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