Legal Opinion
Specht v. Jensen
Court of Appeals for the Tenth Circuit
Decided August 3, 1988No. Nos. 85-1457, 85-1533PublishedCited by 297 opinions
1Opinion of the Court
*806ON REHEARING EN BANC
JOHN P. MOORE, Circuit Judge.
This case is before the court for rehearing en banc of one issue; in all other respects the panel opinion1 stands. The question considered is whether Fed.R.Evid. 702 will permit an attorney, called as an expert witness, to state his views of the law which governs the verdict and opine whether defendants’ conduct violated that law. We conclude the testimony was beyond the scope of the rule and thus inadmissible.
I
This case is an action for damages pursuant to 42 U.S.C. § 1983 grounded upon allegedly invalid searches of the plaintiffs’ home and…
2Cases cited11 opinions
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
- Marx & Co. v. Diners' Club, Inc.Court of Appeals for the Second Circuit · 1977
- David Owen v. Kerr-Mcgee Corporation and the Home Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1983
- United States v. Lewis A. ZipkinCourt of Appeals for the Sixth Circuit · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by297 opinions
- Joan Hangarter v. Provident Life and Accident Insurance Company, and the Paul Revere Life Insurance Company Unumprovident Corp.Court of Appeals for the Ninth Circuit · 2004
- Hygh v. JacobsCourt of Appeals for the Second Circuit · 1992
- Sil-Flo, Inc. v. SFHC, Inc.Court of Appeals for the Tenth Circuit · 1990
- United States v. DazeyCourt of Appeals for the Tenth Circuit · 2005
- Anderson v. SuitersCourt of Appeals for the Tenth Circuit · 2007
292 more not listed; retrieve them via the Exa API.