Davenport v. State
Court of Criminal Appeals of Oklahoma
1DissentParks, Presiding Judge
The threshold test for determining the admissibility of testimony by a qualified expert is whether the scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue. 12 O.S.1981, § 2702. However, the determination does not end there. Before scientific evidence is admissible, there must be proof that the reliability of the tests used has gained general acceptance and recognition in the concerned scientific community. Rawlings v. State, 740 P.2d 153, 161 (Okl.Cr.1987); Smith v. State, 656 P.2d 277, 281…
2Cases cited8 opinions
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Driskell v. StateCourt of Criminal Appeals of Oklahoma · 1983
- Lantrip v. CommonwealthKentucky Supreme Court · 1986
- Bussey v. CommonwealthKentucky Supreme Court · 1985
- Hester v. CommonwealthKentucky Supreme Court · 1987
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