Can I appeal my case because of the State’s expert witness in Minnesota? A criminal appeals attorney explains
In trials there are two types of witnesses. There are expert witnesses and lay witnesses. Expert witnesses have specialized knowledge in a particular area. Forensic scientists, doctors, and accident reconstructionist are a few examples of expert witnesses. In contrast to expert witnesses, are lay witnesses who don’t need any type of training or expertise.
The requirements for expert witnesses
There are four factors that must be met for an expert witness testimony to be amissible at trial: (1) The witness must qualify as an expert; (2) the expert's opinion must have foundational reliability; (3) the expert testimony must be helpful to the trier of fact; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye–Mack standard. Doe v. Archdiocese of Saint Paul & Minneapolis, 817 N.W.2d 150 (Minn. 2012).
Foundational reliability: a factor that may be worth challenging
These four factors are not equal. Nearly everything qualifies as not being a “novel scientific theory”, satisfying the fourth factor. That is not a strong issue to challenge. By contrast, the foundational reliability is an issue that is ripe to challenge in many cases where expert witnesses are used. We have a problem in our court system. The National Academy of Sciences in 2009 published a report that scathingly criticized the courts for their use of flawed sciences. Specifically, they said, “Much forensic evidence… is introduced in criminal trials without any meaningful scientific validation.” Little has changed since 2009.
How intense was the review of foundational reliability?
The problems with expert evidence do not just pertain to science but all types of expert evidence. Some courts accept evidence without looking closely at looking the foundational reliability. But then some courts do a painstaking analysis like in Doe v. Archdiocese of Saint Paul & Minneapolis, where there was a 3 day hearing just on the expert witness issue. If an expert witness was used by the State at trial, taking a close look at whether the foundational reliability prong was met is an important question to ask.
Conclusion
If you or a loved one were convicted using expert witness testimony, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his intelligence and creativity in advocacy. If you or a loved one wants to appeal a criminal case, you want Peter and the team at Jack Rice Defense in your corner.
