Legal Opinion
United States v. Garcia
U S Air Force Court of Military Review
Decided April 29, 1994No. ACM 30327PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
PEARSON, Judge:
The key issue in this case is whether an accused in a court-martial may present expert testimony to attack the reliability of an eyewitness identification. We hold such testimony is admissible when the accuracy of an eyewitness identification is a critical issue in the case and the expert will testify on specific psychological factors which could have affected the accuracy of the identification. We determine the military judge abused her discretion in excluding the expert testimony here, but affirm the conviction because appellant was not prejudiced by the…
2Cases cited25 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Chambers v. MississippiSupreme Court of the United States · 1973
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Dowling v. United StatesSupreme Court of the United States · 1990
- United States v. TurnerUnited States Court of Military Appeals · 1987
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3Cited by6 opinions
- United States v. GarciaCourt of Appeals for the Armed Forces · 1996
- United States v. BarrowUnited States Air Force Court of Criminal Appeals · 1995
- United States v. MengeCourt of Appeals for the Armed Forces · 1998
- United States v. BlaneyUnited States Air Force Court of Criminal Appeals · 1999
- United States v. BrownArmy Court of Criminal Appeals · 1996
1 more not listed; retrieve them via the Exa API.