California Court of Appeal Rules Upon the Propriety of Forensic Video Analysis Techniques Utilized by Expert
The California Court of Appeal recently had occasion to review certain forensic video analysis techniques employed by a forensic expert for the purpose of determining whether they were properly admitted at trial and additionally whether they constituted novel science, thus requiring a Kelly-Frye hearing. In People v. Tran, 2020 WL 3056213, the state presented evidence from...
Interpreting Video Images: Can You “Say What You See”?
In the 2018 Ewan McGregor movie Christopher Robin, Winnie the Pooh plays a game he calls “Say what you see,” in which he looks out and says what he sees. None of his friends object or tell him that he is not qualified to give his opinion. Forensic video analysts are often asked to...
Practicing Effective Courtroom Testimony Techniques is the Key to Success on the Witness Stand
Strategic practice using effective courtroom testimony techniques will make you a better expert witness. You have valuable information to provide and your ability to fairly and confidently communicate that information in court is essential. These are skills that can be learned and practiced. Just going to court and hoping for the best is...
Use of Force Expert Prohibited from Expressing Opinion on Video Evidence
Jackson v. Catanzariti, 2019 WL 2098991 (U. S. District Court, S.D. Georgia), is a case wherein former prison inmates sued correctional officers for violating their constitutional right to be free from excessive use of force while they were incarcerated. The plaintiffs contended that video evidence supported their complaints of excessive use of force....
What Should an Expert do with Information Received that is Contrary to the Proffered Opinion?
Experts rarely work in epistemic silos, out of touch with other experts. Indeed, it is a hallmark of expert evidence that experts are allowed to rely upon and state hearsay evidence in their reports and testimony. It follows that communication amongst experts is common and generally something that should be encouraged. This article addresses the issue...
Website Expands to Include International Law
I would like to update you regarding an interesting new topic that I will be adding to this website. I am now a PhD Candidate in the Faculty of Law at Leiden University in the Netherlands, a university well known for its work in International Law and International Criminal Law, and an excellent...
Federal Court Rejects Opinion of Video Expert on Use of Force Due to Expert Exceeding Qualifications
Experts are professionally and ethically bound to limit opinions to their own area of expertise. Despite this clear demarcation, some experts purposely exceed those limits, often to the detriment of their client. The recent federal court case of Pettit v. Hill, 2018 WL 4100705, 107 Fed. R. Evid. Serv. 390 (United States District Court, W.D. Oklahoma) is...
Federal Court Rejects Evidence of Forensic Video Analyst as Opinion “Largely Based on Conjecture and Speculation”
In Melton v. Klee, 2019 WL 1315723, the United States District Court, Eastern District of Michigan, Southern Division, considered a pro se petition for a writ of habeas corpus following the petitioner’s conviction for assault with intent to rob while armed. The petitioner’s conviction arose from the attempted robbery of the victim outside her home in Michigan. During the...
Recommendations for Expert Image Comparison Evidence in the United Kingdom in Light of the FSR Regulatory Notice “Image Enhancement and Image Comparison: Provision of Opinion”
Introduction I attended the meeting of the Forensic Digital Media Analysis Working Group, organized and presented by the Chartered Society of Forensic Sciences, in Birmingham, UK on October 21, 2019. One of the topics discussed was the state of general image comparison evidence in the UK in light of the FSR’s Regulatory Notice 01/2019...
FSR responds to “Evaluation of the Forensic Science Regulator’s recommendations regarding image comparison evidence”
In my August 26, 2019 article posted on this website, I included the evaluation I conducted of the UK Forensic Science Regulator’s directives to change image comparison evidence in the UK. The Regulator recently responded to my article and her response has been published in Forensic Science International: Synergy. Her response can be...