Legal Opinion

United States v. John W. Downing

Court of Appeals for the Third Circuit

Decided January 25, 1985No. 82-1766PublishedCited by 602 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents a question of first impression in this Circuit — whether Fed.R.Evid. 702 permits a defendant in a criminal prosecution to adduce, from an expert in the field of human perception and memory, testimony concerning the reliability of eyewitness identifications. The district court refused to admit the testimony of a psychologist offered by the defendant, apparently because the court believed that such testimony can never meet the “helpfulness” standard of Fed.R.Evid. 702. We hold that the district court erred. We also hold that the…

2Cases cited45 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. Waller v. GeorgiaSupreme Court of the United States · 1984
  3. United States v. NoblesSupreme Court of the United States · 1975
  4. Speiser v. RandallSupreme Court of the United States · 1958
  5. Salen v. United States Lines Co.Supreme Court of the United States · 1962

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3Cited by602 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  3. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  4. Weatherred v. StateCourt of Criminal Appeals of Texas · 2000
  5. Marie Saldana v. Kmart Corporation Marie Saldana, in No. 99-4055Court of Appeals for the Third Circuit · 2001

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