Legal Opinion
United States v. Monteiro
District Court, D. Massachusetts
Decided January 6, 2006No. CRIM. 03-10329-PBSPublishedCited by 62 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
I. INTRODUCTION
Pursuant to Fed.R.Evid. 702, the defendants seek to exclude expert testimony that cartridge cases found at several crime scenes match firearms linked to defendants based on “unique” toolmarks transferred from the firearms to the ammunition. Specifically, defendants seek to exclude the testimony of a firearms examiner from the Massachusetts State Police who examined cartridge casings found at the scenes of the shooting of Dinho Fer-nandes and the attempted shootings of Alcides DePina and Antonio Diaz.
Defendants argue: (1) that the…
2Cases cited35 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
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3Cited by62 opinions
- Desmond Turner v. State of IndianaIndiana Supreme Court · 2011
- Commonwealth v. Pytou HeangMassachusetts Supreme Judicial Court · 2011
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2007
- State v. FuentesNew Mexico Court of Appeals · 2009
- United States v. CazaresCourt of Appeals for the Ninth Circuit · 2015
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