Savage v. State

Concurring Opinion by

Adkins, J.,

which Barbera, C.J., and McDonald, J., join.

Most respectfully, I concur with the Majority decision. I agree that Dr. Garmoe’s testimony was properly excluded, however, I would explicitly adopt the Daubert approach to the admissibility of scientific expert testimony rather than applying Fryer-Reed.

The lack of evidence presented during the Fryer-Reed hearing connecting Dr. Garmoe’s methodology to his ultimate conclusion stems from the confusion our jurisprudence has created regarding the Frye-Reed standard. The issues presented in this case provide an opportunity…