John_Galt wrote:
Yes very interesting... thanks
Moving the Goalposts in the George Zimmerman TrialPosted on May 26, 2013 by Richard Hornsby
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This is a critical issue in George Zimmerman’s case, because the Defense’s motion claims that numerous experts dispute the validity of rendering an opinion on “Speaker Identification” given the evidence in this case.
But given current Florida law, it is my opinion that Judge Nelson would let in this expert testimony under Florida’s evidence code as it exists today and will exist on June 10, 2013.
Notably, the Federal courts, Canada, and the majority of States have adopted the Daubert standard, which many consider to be a more difficult standard. Florida is one of the few remaining adherents to the Frye standard.
But if Florida followed the Daubert standard, I believe Judge Nelson would view the State’s expert witness with much greater scrutiny and probably disallow the evidence.
Just in Time, Florida Adopts Daubert Standard
And wouldn’t you know it, the Republican led Florida legislature adopted the Daubert Standard this legislative session when it passed House Bill 7015. (No doubt a plot by right-wing FOX news to assist George Zimmerman.) The bill was presented to Governor Scott on May 20, 2013 and is currently awaiting his signature. Under Florida law, the Governor has until June 5th to either sign or veto the law (he is expected to sign it).
As most of you can probably guess, the Zimmerman defense team is very pleased with this favorable development, because the law would be signed before the trial starts and just in time for Judge Nelson to apply the Daubert standard.
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Moving the Goalposts Mid-Trial
There is only one problem; the Frye standard would still be the current law! Why, because the effective date for House Bill 7015 is July 1, 2013! Talk about Moving the Goalposts.
And given that the Zimmerman trial, including jury selection, is scheduled to last about two months it is entirely possible that the State’s expert witnesses could be qualified and presented under the Frye standard before July 1, 2013; but the defense expert witnesses could be presented after July 1, 2013 and subjected to the more restrictive Daubert standard.
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