Retrograde Extrapolation Testimony Fails Daubert’s ‘Fit’ Test, Appeals Panel Says

Mealey's (March 9, 2017, 10:39 AM EST) -- RALEIGH, N.C. — Although a police officer’s retrograde extrapolation testimony failed to satisfy the “fit” test under Daubert v. Merrell Dow Pharmaceuticals Inc. by not being properly tied to the facts, a North Carolina appeals panel on March 7 found no prejudicial error because there was sufficient evidence that a woman was “appreciably impaired” (State of North Carolina v. Lori Lee Babich, No. COA16-762, N.C. App.; 2017 N.C. App. LEXIS 133)....