Legal Opinion

State v. Smith

Court of Appeals of Wisconsin

Decided December 9, 2015No. 2014AP2653-CRPublishedCited by 1 opinion

1Opinion of the CourtReilly, P. J.

¶ 1. Larry Smith was convicted by a jury of two counts of repeated sexual assault of a child and one count of second-degree sexual assault of a *618child. Smith argues that the court erred in permitting expert testimony by a social worker that did not meet the reliability standards established by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and that he received ineffective assistance of counsel when his counsel elicited statements at trial that the victim was truthful.

¶ 2. We affirm. The court properly considered other indicia of reliability in permitting expert testimony…

2Cases cited10 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. State v. MacHnerWisconsin Supreme Court · 1979
  4. State v. PitschWisconsin Supreme Court · 1985
  5. Martindale v. RippWisconsin Supreme Court · 2001

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3Cited by1 opinion

  1. State v. Jovan T. MullWisconsin Supreme Court · 2023

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