In re the Detention of Berry
Court of Appeals of Washington
1Opinion of the Court
*376¶1 John Berry challenges his commitment as a sexually violent predator, in part because the court admitted an expert’s testimony without first conducting a Frye1 hearing. But because the evidence implicated no novel scientific principle or procedure, no Frye hearing was required, and we affirm. In the unpublished portion of this opinion, we reject Berry’s argument that he had an irreconcilable conflict with his assigned counsel.
Ellington, J.
BACKGROUND
¶2 Berry has been convicted of five sexually violent offenses, including second degree rape by forcible compulsion in 1975, second degree rape…
2Cases cited18 opinions
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Kansas v. CraneSupreme Court of the United States · 2002
- People v. KellyCalifornia Supreme Court · 1976
- Matter of Personal Restraint of YoungWashington Supreme Court · 1993
- State v. GregoryWashington Supreme Court · 2006
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3Cited by4 opinions
- In Re The Detention Of: Donald HerrickCourt of Appeals of Washington · 2017
- In Re The Det. Of: Erik S. Hanson, App v. State, Res.Court of Appeals of Washington · 2015
- In Re The Detention Of: Roy StoutCourt of Appeals of Washington · 2015
- In re the Detention of Ernesto LeyvaCourt of Appeals of Washington · 2014