'Daubert' Evidence Standard Takes Immediate Effect in Florida After High Court Turnaround
Litigation and Dispute Resolution Attorney William Shepherd was quoted in a Daily Business Review article on the Florida Supreme Court adopting the Daubert standard used in federal court. Daubert is a five-prong test to weigh out scientific validity of expert witness testimonies. This standard creates a higher bar for experts, rather than the Frye standard.
Mr. Shepherd recalls a specific time when a Florida officer testified that his canine colleague could tell his defendants were guilty. He states, “I never wanted to have tell some grieving mother than junk science had walked her daughter’s killer out the door. Likewise, I don’t want people’s liberties to be taken because the state has a dog whisperer or the smellologist that testified in Orlando, who said that he could tell how long a body had been gone from a confined space because his nose was specially trained.”
The form Statewide Attorney went on to say, “It’s good for everyone in Florida. Regardless of what your issues are before the court, you want your opponent to meet a high standard.”
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