Legal Opinion

State v. McMullen

Superior Court of Delaware

Decided June 1, 2006No. DEF. ID: 0507014155PublishedCited by 24 opinions

1Opinion of the Court

OPINION

SLIGHTS, J.

I

In this opinion, the Court must decide whether the State’s proffered medical experts reliably have reached a diagnosis of Pediatric Condition Falsification (“PCF”) for an alleged victim of child abuse. 1 The opinions have been challenged under Delaware’s Daubert standard as both irrelevant and unreliable. 2

The Defendant, Stephanie McMullen (“McMullen”), is the natural mother of the alleged victim, Reilly McMullen (“Reilly”), and is charged with Assault by Abuse or Neglect 3 and Reckless Endangering in the First Degree. 4 At trial, the State’s medical experts are expected to…

2Cases cited19 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  4. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  5. Darby v. CisnerosSupreme Court of the United States · 1993

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3Cited by24 opinions

  1. Baxter Ex Rel. Baxter v. TempleSupreme Court of New Hampshire · 2008
  2. Amalfitano v. CocolinSuperior Court of Delaware · 2017
  3. Bertola v. Fisher-PriceSuperior Court of Delaware · 2025
  4. Bertola v. Fisher-PriceSuperior Court of Delaware · 2025
  5. Brown v. Fisher-Price, Inc.Superior Court of Delaware · 2024

19 more not listed; retrieve them via the Exa API.

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