 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Coon3/5/1999
technique should have access to as much data as the trial court. Additionally, because litigants in Alaska have an appeal as of right, we will have ample opportunity to revisit our decisions on scientific validity of a certain technique if new evidence or literature surfaces on the subject. And if a decision as to the reliability of scientific evidence were ever to hinge on an assessment of a particular witness's credibility, we could review such a decision for abuse of discretion under a hybrid standard.
In Conclusion, this court should review rulings on the reliability of a general type of scientific evidence or method under a de novo standard and rulings on the evidence's relevance to a particular case for abuse of discretion. Such a hybrid standard of review would allow trial Judges in Alaska considerable flexibility in making factual findings and assessments of witness competency and credibility while still preserving needed consistency in judicial decisions regarding the admissibility of scientific evidence. For this reason, I respectfully Dissent from section III.D.1 of the court's opinion.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Alaska Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|