For Your Data United States V. Saelee Representative Brief

United States v. Saelee illustration brief summary
162 F. Supp. s 1097 (D. Alaska 2001)

CASE SYNOPSIS

Defendant was indicted for drug violations. Defendant moved inwards limine to exclude testimony of mitt printing comparing prove at trial.

CASE FACTS
The courtroom held a Daubert hearing to gain upward one's heed admissibility of the testimony.

ISSUE
The outcome earlier the courtroom was whether a forensic document analyst's testimony almost the similarities in addition to differences betwixt known documents in addition to questioned documents was admissible nether either Fed. R. Evid. 701 or 702.

DISCUSSION

The courtroom establish that the testimony was non admissible under Rule 701 because the analyst was non a position mortal proposing to offering testimony based on sensory perception.
The courtroom likewise establish that the testimony was non admissible under Rule 702.
There was an overall lack of testing of the theories in addition to techniques used inwards handwriting comparison.
There likewise was trivial empirical testing done on the basic theories upon which the handwriting comparing plain was based.
There was never whatever empirical enquiry done on the theory of probability on which handwriting analysis is based.
Further, at that topographic point was trivial known almost the fault rates of forensic document examiners, in addition to the trivial testing that had been done raised serious questions almost the reliability of methods currently inwards use.
The courtroom likewise noted that the plain of handwriting comparing suffered from a lack of controlling standards.