Recent American Cases on Image Interpretation
Several times a year I conduct a comprehensive search of recent reported case law on topics related to video evidence, forensic video analysis, and pertinent expert witness testimony issues. This provides me with new case law that illustrates how courts are assessing and deciding relevant litigated issues on these topics. This article focuses...
Identification of Defendant in Video by Detective Causes Retrial
Who is permitted to express an opinion on identification of people shown in surveillance video? That was one of two issues before the Appellate Division of the Superior Court of New Jersey in State v. Sweet, 2019 WL 5250809. Issue 1 – Video Identification In Sweet, two detectives testified before the jury that the defendant...
Order in Court! The Value of Practical Moot Court Training
One of the most common sentiments expressed about the Courtroom Testimony for Expert Witnesses course is this: “The part I feared the most was the moot court and the part I got the most benefit from was the moot court!” A courtroom testimony course that does not have a practical component lacks a valuable...
Stay Within Your Lane!: The Importance of Knowing Your Boundaries as an Expert Witness
When an expert witness is tendered before the court, the attorney presenting the witness must advise the judge as to the specific field(s) of expertise in which the attorney wants the witness qualified. At the conclusion of the qualification voir dire, in which the proposed expert’s qualifications are examined, and after hearing legal...
Peer Review: The Obligations of the Peer Reviewer and the Expert
Peer review is an often overlooked but important step in the finalization of an expert report. Once an expert has completed his/her expert report, especially one in which the expert has formed an opinion or conclusion, it should be given to another expert for peer review. This article will discuss the purposes of...
Does an Expert Witness Need to be Certified?
A question that sometimes arises in the context of expert evidence is whether an expert must be “certified” in order to be an expert witness. There is a frequently espoused view that an expert who has been certified by an organization is better than one who has not been so certified. This quest...
Are you Qualified to be an Expert Witness? What is the Test?
In an earlier post entitled “Becoming Qualified as an Expert Witness for the First Time” I set out the four key requirements that must be met in order for expert evidence to be admissible. The fourth such requirement is that the proposed expert must have the necessary qualifications for the tendered field of...
Making the Most of Waiting to Testify
It is recommended that an expert witness arrive at the courtroom about fifteen minutes before court is scheduled to commence unless other arrangements have been made with the attorney. This will allow the expert an opportunity find the correct courtroom and to be comfortable. Anxiety over being late or lost can negatively affect...
Becoming Qualified as an Expert Witness for the First Time
Becoming qualified as an expert witness for the first time is a significant accomplishment for an expert. External validation by a judge launches the expert to the next level as the expert enters a forum wherein he/she will be able to explain in detail the work that has been done in the case...
Preparing for Trial: Meetings with Attorneys
Pre-trial meetings with the attorney who will be presenting the expert’s evidence in court are not a luxury. They are essential. Though it may be at times challenging to arrange, it is recommended that the expert insist on a meeting. Every time I have a case that involves expert evidence, I have at...