Daubert Challenge To Burglar’s State Conviction Improper, Magistrate Rules

Mealey's (May 5, 2020, 10:28 AM EDT) -- FORT PIERCE, Fla. — A prisoner cannot challenge expert tool mark testimony used in his state court burglary conviction based on the federal standards in Daubert v. Merrell Dow Pharmaceuticals Inc. and the trial court’s allowance of the testimony did not violate his due process rights, a Florida federal magistrate judge said April 30 in recommending denial of federal habeas relief (Theodore Raia v. Mark S. Inch, et al., No. 2:18-cv-14072, S.D. Fla., 2020 U.S. Dist. LEXIS 76806)....