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No Error In Holding Daubert Hearing Without Defendant, 1st Circuit Concludes

(November 2, 2016, 2:24 PM EDT) -- BOSTON — A trial judge did not err in continuing in the absence of a defendant a hearing under Daubert v. Merrell Dow Pharms. Inc. (509 U.S. 579 [1993]) to determine whether an arson investigator may testify in a criminal case because there was independent evidence that the fire was deliberately set, the First Circuit U.S. Court of Appeals ruled Oct. 28 (United States of America v. Kormahyah Karmue, No. 15-1990, 1st Cir.; 2016 U.S. App. LEXIS 19475).

(Opinion available.  Document #30-161111-026Z.)

On May 27, 2014,...
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