Gilman v. Choi

The majority has done a splendid job of dodging the question presented to this Court, which is whether W.Va.Code, 55-7B-7 [1986] conflicts with Rule 702, W.Va. Rules of Evid., and if so, which prevails. The majority recognized that the statute is more restrictive than the rule, but wanted to avoid addressing a sticky constitutional question.

I

Just to clear up any misunderstanding, the statute in question does conflict with Rule 702. The statute was, indeed, intended to change the existing law of evidence as codified in our W.Va. Rules of Evidence. Comparing the requirements of the statute and…