Bateman v. State

¶ 63. I respectfully concur in part and in the result. In Anderson v. State, 62 So.3d 927 (Miss.2011), I wrote separately to express my opinion that Dr. Matherne’s fist-demonstration methodology does not meet the modified Daubert standard for admissibility of expert testimony under Rule 702 of the Mississippi Rules of Evidence. See Miss. Transp. Comm’n v. McLemore, 863 So.2d 31, 39 (Miss.2003) (citing Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 595, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)). As in Anderson, I believe the trial court abused its discretion by finding the fist…