Frye test (Alabama) · Go Syfert
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Frye test in Alabama

33 Alabama opinions name it 3 courts 1984–2017 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (23)

CaseFollowedCited
Courtaulds Fibers, Inc. v. Longgreen
ala · 2000 · cited in 5 Alabama opinions naming this issue, 2004–2008
2 sentences

2008See Courtaulds Fibers, Inc. v. Long , 779 So.2d 198 , 202 (Ala. 2000) (stating that a veterinarian's expert testimony regarding the death of a horse derived from his knowledge, skill, and training and was not subject to the Frye standard); see also Minor v. State , 914 So.2d 372 , 400 (Ala.Crim.App. 2004) ("The Frye test . . . applies only to the admissibility of novel scientific evidence based on scientific tests or experiments."), and cases cited therein ( 914 So.2d at 400 -01 ).

2008See Courtaulds Fibers, Inc. v. Long , 779 So.2d 198 , 202 (Ala. 2000) (stating that a veterinarian's expert testimony regarding the death of a horse derived from his knowledge, skill, and training and was not subject to the Frye standard); see also Minor v. State , 914 So.2d 372 , 400 (Ala.Crim.App. 2004) ("The Frye test . . . applies only to the admissibility of novel scientific evidence based on scientific tests or experiments."), and cases cited therein ( 914 So.2d at 400 -01 ).

55
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
scotus · 1993 · cited in 5 Alabama opinions naming this issue, 1998–2012
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

45
Hoosier v. Stategreen
alacrimapp · 1992 · cited in 4 Alabama opinions naming this issue, 2000–2012
2 sentences

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

44
Frye v. United Statesred
cadc · 1923 · cited in 13 Alabama opinions naming this issue, 1984–2012
2 sentences

2012Frye v. United States, 293 F. at 1014 .” Hill v. State, 507 So.2d 554, 555 (Ala.Crim.App.1986). “ ‘[T]he Frye test has been either ignored or rejected in cases in which the method used by the expert was a matter of physical comparison rather than scientific test or experiment; ... the basic data upon which the expert relied was verifiable by the factfinder; ... or where established techniques were applied to the solution of novel problems. ...

1994Furthermore, in Robinson v. State, 574 So.2d 910 (Ala. Crim.App.1990), this court stated that expert testimony regarding certain established scientific evidence may be received into evidence without further reference to the test set out in Frye v. United States, 293 F. 1013 (D.C.Cir.1923), either through judicial notice of the general acceptance of the procedure or through a determination that the Frye test does not apply because the evidence's reliability has been established.

313
Ex Parte Dolvingreen
ala · 1980 · cited in 9 Alabama opinions naming this issue, 1984–2005
2 sentences

2005See Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 , 202 (Ala. 2000) (testimony of expert derived from his or her knowledge, skill, and training, rather than from scientific experiment, is not subject to Frye standard of admissibility); Ex parte Dolvin, 391 So.2d 677 , 679 (Ala. 1980) (a physical comparison of conditions, as opposed to a scientific test or experiment, is not governed by the Frye standard of admissibility). 4 At most, Trooper Jones admitted that the yaw marks were faint.

2005See Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 , 202 (Ala. 2000) (testimony of expert derived from his or her knowledge, skill, and training, rather than from scientific experiment, is not subject to Frye standard of admissibility); Ex parte Dolvin, 391 So.2d 677 , 679 (Ala. 1980) (a physical comparison of conditions, as opposed to a scientific test or experiment, is not governed by the Frye standard of admissibility). 4 At most, Trooper Jones admitted that the yaw marks were faint.

39
Hill v. Stategreen
alacrimapp · 1986 · cited in 5 Alabama opinions naming this issue, 1987–2012
2 sentences

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

2012Frye v. United States, 293 F. at 1014 .” Hill v. State, 507 So.2d 554, 555 (Ala.Crim.App.1986). “ ‘[T]he Frye test has been either ignored or rejected in cases in which the method used by the expert was a matter of physical comparison rather than scientific test or experiment; ... the basic data upon which the expert relied was verifiable by the factfinder; ... or where established techniques were applied to the solution of novel problems. ...

35
Minor v. Stategreen
alacrimapp · 2004 · cited in 3 Alabama opinions naming this issue, 2008–2012
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

23
Southern Energy Homes, Inc. v. Washingtongreen
ala · 2000 · cited in 3 Alabama opinions naming this issue, 2003–2012
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

23
Slay v. Keller Industries, Inc.green
ala · 2001 · cited in 2 Alabama opinions naming this issue, 2008–2008
2 sentences

2008The Frye standard provides that "a person who offers an opinion as a scientific expert must prove that he relied on scientific principles, methods, or procedures that have gained general acceptance in the field in which the expert is testifying." Slay v. Keller Indus., Inc. , 823 So.2d 623 , 626 (Ala. 2001).

2008The Frye standard provides that "a person who offers an opinion as a scientific expert must prove that he relied on scientific principles, methods, or procedures that have gained general acceptance in the field in which the expert is testifying." Slay v. Keller Indus., Inc. , 823 So.2d 623 , 626 (Ala. 2001).

22
Prewitt v. Stategreen
alacrimapp · 1984 · cited in 6 Alabama opinions naming this issue, 1986–2012
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

16
Ex Parte Perrygreen
ala · 1991 · cited in 4 Alabama opinions naming this issue, 2000–2012
2 sentences

2012Evid., provided: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, ■experience, training, or education, may testify thereto in the form of an opinion or otherwise.” 13 At the time of the offenses and at the time of Thompson’s arrest and trial, the Frye test was the correct standard for determining the admissibility of novel scientific evidence in Alabama. 14 See Ex parte Perry, 586 So.2d 242 (Ala.1991).

2012Evid., provided: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, ■experience, training, or education, may testify thereto in the form of an opinion or otherwise.” 13 At the time of the offenses and at the time of Thompson’s arrest and trial, the Frye test was the correct standard for determining the admissibility of novel scientific evidence in Alabama. 14 See Ex parte Perry, 586 So.2d 242 (Ala.1991).

14
Kimberly-Clark Corp. v. Sawyergreen
alacivapp · 2004 · cited in 2 Alabama opinions naming this issue, 2008–2012
2 sentences

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

12
Stewart v. Stategreen
alacrimapp · 1992 · cited in 2 Alabama opinions naming this issue, 2004–2005
2 sentences

2005See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App. 1999) (holding that Frye test was inapplicable to exp

2004See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App.1999) (holding that Frye test was inapplicable to expe

12
US Sugar Corp. v. Hensongreen
fla · 2002 · cited in 1 Alabama opinions naming this issue, 2008–2008
11
Millry Mill Co. v. Manuelgreen
alacivapp · 2008 · cited in 1 Alabama opinions naming this issue, 2008–2008
11
Adams v. Stategreen
alacrimapp · 1985 · cited in 1 Alabama opinions naming this issue, 1988–1988
11
Bundy v. Statered
fla · 1984 · cited in 1 Alabama opinions naming this issue, 1987–1987
11
Buhrle v. Stategreen
wyo · 1981 · cited in 1 Alabama opinions naming this issue, 1986–1986
11
Hawthorne v. Stategreen
fladistctapp · 1985 · cited in 1 Alabama opinions naming this issue, 1986–1986
11
People v. Shirleyred
cal · 1982 · cited in 1 Alabama opinions naming this issue, 1984–1984
11
People v. Hughesgreen
ny · 1983 · cited in 1 Alabama opinions naming this issue, 1984–1984
11
California v. Shirleygreen
scotus · 1982 · cited in 1 Alabama opinions naming this issue, 1984–1984
11
Shepard v. National Labor Relations Boardgreen
scotus · 1982 · cited in 1 Alabama opinions naming this issue, 1984–1984
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (35)

CaseCitedYears
Handley v. State green
alacrimapp · 1987
2 sentences

1993Cf., Dolvin , [ 391 So.2d 677 (Ala. 1980)] (forensic odontology test is in the nature of a physical comparison rather than a scientific test); Handley , [ 515 So.2d 121 (Ala.Cr.App. 1987)] (admissibility *Page 233 of dental witness's bite mark does not depend on meeting the Frye standard)." Seewar , 601 So.2d at 200 .

1993Cf., Dolvin , [ 391 So.2d 677 (Ala. 1980)] (forensic odontology test is in the nature of a physical comparison rather than a scientific test); Handley , [ 515 So.2d 121 (Ala.Cr.App. 1987)] (admissibility *Page 233 of dental witness's bite mark does not depend on meeting the Frye standard)." Seewar , 601 So.2d at 200 .

41988–1993
Dyas v. United States green
dc · 1977
2 sentences

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

31986–2012
Rivers v. Black green
ala · 1953
2 sentences

2000See Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992); Rivers v. Black, 259 Ala. 528 , 68 So.2d 2 (1953)." Furthermore, for the reasons set forth below, we conclude that Drexler's testimony did not constitute novel scientific evidence and that therefore the Frye test did not govern its admissibility.

2000See Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992); Rivers v. Black, 259 Ala. 528 , 68 So.2d 2 (1953)." Furthermore, for the reasons set forth below, we conclude that Drexler's testimony did not constitute novel scientific evidence and that therefore the Frye test did not govern its admissibility.

31985–2012
Dyas v. United States green
scotus · 1977
2 sentences

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

31986–2012
Adams v. State green
alacrimapp · 1985
2 sentences

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

2012Adams v. State, 484 So.2d 1143 (Ala.Cr.Ápp.1985); Prewitt v. State, 460 So.2d 296 (Ala.Cr.App.1984); Dyas v. United States, 376 A.2d 827 (D.C.C.A.1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed.1972).

31986–2012
Simmons v. State green
alacrimapp · 2000
2 sentences

2005See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App. 1999) (holding that Frye test was inapplicable to exp

2004See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App.1999) (holding that Frye test was inapplicable to expe

32004–2012
Bagley v. Mazda Motor Corp. green
ala · 2003
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

22012–2017
Wynn v. State green
alacrimapp · 1982
2 sentences

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

2012Alabama has applied the Frye test in the following cases: Kimberly-Clark Corp. v. Sawyer, 901 So.2d 738 (Ala.Civ.App.2004) (admission of asbestosis evidence); Clemons v. State, 55 So.3d 314 (Ala.Crim.App.2003), rev’d on other grounds, 55 So.3d 348 (Ala.2007) (admission of positron emission tomograph (“PET”) scan to diagnose old brain injury); Hoosier v. State, 612 So.2d 1352 (Ala.Crim.App.1992) (admission of battering-parent profile); Prewitt v. State, supra (admission of hypnotically induced recollection); Hill v. State, 507 So.2d 554 (Ala.Crim.App.1986) (admission of evidence of battered-wif

21987–2012
Ferri v. United States green
scotus · 1986
2 sentences

2012Many of these cases have involved identification of bite marks by comparison of the defendant’s dental impressions to bite marks found on a victim’s body; ... and identification of footprints by comparing shoes found at the crime scene with shoes worn by the defendant; United States v. Ferri, 778 F.2d 985 (3d Cir.1985), cert. denied, 476 U.S. 1172 , 106 S.Ct. 2896 , 90 L.Ed.2d 983 (1986); or by comparing footprints found at the crime scene with the defendant’s feet.

2012Many of these cases have involved identification of bite marks by comparison of the defendant’s dental impressions to bite marks found on a victim’s body; ... and identification of footprints by comparing shoes found at the crime scene with shoes worn by the defendant; United States v. Ferri, 778 F.2d 985 (3d Cir.1985), cert. denied, 476 U.S. 1172 , 106 S.Ct. 2896 , 90 L.Ed.2d 983 (1986); or by comparing footprints found at the crime scene with the defendant’s feet.

21990–2012
Ibn-Tamas v. United States green
dc · 1983
2 sentences

2012Frye v. United States, 293 F. 1013 (D.C.Cir.1923); Ibm-Tamas v. United States, 455 A.2d 893 (D.C.App.1983).

2012Frye v. United States, 293 F. 1013 (D.C.Cir.1923); Ibm-Tamas v. United States, 455 A.2d 893 (D.C.App.1983).

21986–2012
Turner v. State green
ala · 1998
2 sentences

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

2012“The proponent of the [novel scientific test] ha[s] the burden of demonstrating compliance with the Frye test.” Prewitt v. State, 460 So.2d 296, 302 (Ala.Crim.App.1984). 15 “In Alabama, by statute, the Daubert [v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) ] standard applies only to the admissibility of DNA evidence. § 36-18-30, Ala.Code 1975; Bagley v. Mazda Motor Corp., 864 So.2d 301 (Ala.2003); Southern Energy Homes, Inc. v. Washington, 774 So.2d 505 , 516 n. 5 (Ala.2000); Turner v. State, 746 So.2d 355 (Ala.1998); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). “ “With respe

22000–2012
Stewart v. State green
alacrimapp · 1992
2 sentences

2005See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App. 1999) (holding that Frye test was inapplicable to exp

2004See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App.1999) (holding that Frye test was inapplicable to expe

22004–2005
Ex Parte Stewart green
ala · 1993
2 sentences

2005See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App. 1999) (holding that Frye test was inapplicable to exp

2004See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App.1999) (holding that Frye test was inapplicable to expe

22004–2005
West v. State green
alacrimapp · 2000
2 sentences

2005See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App. 1999) (holding that Frye test was inapplicable to exp

2004See, e.g., Courtaulds Fibers, Inc. v. Long, 779 So.2d 198 (Ala.2000) (holding that veterinarian's opinion as to cause of death of horses was not scientific evidence subject to admissibility requirements of Frye ); Ex parte Dolvin, 391 So.2d 677 (Ala.1980) (holding that Frye test was inapplicable to testimony of forensic odontologist comparing skeletal remains with inter vivos photographs because testimony was in the nature of physical comparisons as opposed to scientific tests or experiments); Simmons v. State, 797 So.2d 1134 (Ala.Crim.App.1999) (holding that Frye test was inapplicable to expe

22004–2005
Ex Parte Hill green
ala · 1987
2 sentences

1992Adams v. State , 484 So.2d 1143 (Ala.Cr.App. 1985); Prewitt v. State , 460 So.2d 296 (Ala.Cr.App. 1984); Dyas v. United States , 376 A.2d 827 (D.C.C.A. 1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed. 1972)." Hill v. State , 507 So.2d 554 , 555 (Ala.Cr.App. 1986), cert. denied, 507 So.2d 558 (Ala. 1987), concerned the admissibility of evidence of the "battered wife syndrome." In his concurrence in Hill , with which the Alabama Supreme Court agreed, Judge Bowen stated that expert opinion testimony on the battered wife syndrome m

1992Adams v. State , 484 So.2d 1143 (Ala.Cr.App. 1985); Prewitt v. State , 460 So.2d 296 (Ala.Cr.App. 1984); Dyas v. United States , 376 A.2d 827 (D.C.C.A. 1977), cert. denied, 434 U.S. 973 , 98 S.Ct. 529 , 54 L.Ed.2d 464 (1977); McCormick on Evidence, § 13 p. 31 (2d ed. 1972)." Hill v. State , 507 So.2d 554 , 555 (Ala.Cr.App. 1986), cert. denied, 507 So.2d 558 (Ala. 1987), concerned the admissibility of evidence of the "battered wife syndrome." In his concurrence in Hill , with which the Alabama Supreme Court agreed, Judge Bowen stated that expert opinion testimony on the battered wife syndrome m

21987–1992
Kumho Tire Co. v. Carmichael green
scotus · 1999
12017–2017
Townsend v. General Motors Corp. green
ala · 1994
2 sentences

2017The trial court understood this distinction when it analyzed the nature of Wallingford's testimony. 16 Based on its understanding *185 of this distinction, the trial court concluded that Wallingford's testimony that the subject Mazda3 contained a design defect that caused the post-collision fire was based upon his technical knowledge and long experience in the automotive industry, not upon a scientific theory or principle. " ' "[W]hether a particular witness will be allowed to testify as an expert is left to the sound discretion of the trial court, whose decision will not be disturbed on appea

2017The trial court understood this distinction when it analyzed the nature of Wallingford's testimony. 16 Based on its understanding *185 of this distinction, the trial court concluded that Wallingford's testimony that the subject Mazda3 contained a design defect that caused the post-collision fire was based upon his technical knowledge and long experience in the automotive industry, not upon a scientific theory or principle. " ' "[W]hether a particular witness will be allowed to testify as an expert is left to the sound discretion of the trial court, whose decision will not be disturbed on appea

12017–2017
Ammons v. Massey-Ferguson, Inc. green
ala · 1995
2 sentences

2017The trial court understood this distinction when it analyzed the nature of Wallingford's testimony. 16 Based on its understanding *185 of this distinction, the trial court concluded that Wallingford's testimony that the subject Mazda3 contained a design defect that caused the post-collision fire was based upon his technical knowledge and long experience in the automotive industry, not upon a scientific theory or principle. " ' "[W]hether a particular witness will be allowed to testify as an expert is left to the sound discretion of the trial court, whose decision will not be disturbed on appea

2017The trial court understood this distinction when it analyzed the nature of Wallingford's testimony. 16 Based on its understanding *185 of this distinction, the trial court concluded that Wallingford's testimony that the subject Mazda3 contained a design defect that caused the post-collision fire was based upon his technical knowledge and long experience in the automotive industry, not upon a scientific theory or principle. " ' "[W]hether a particular witness will be allowed to testify as an expert is left to the sound discretion of the trial court, whose decision will not be disturbed on appea

12017–2017
Clemons v. State green
alacrimapp · 2005
12012–2012
Ex Parte Clemons green
ala · 2007
12012–2012
Baker v. Merry-Go-Round Roller Rink, Inc. green
ala · 1988
12000–2000
Robinson v. State green
alacrimapp · 1990
11994–1994
Seewar v. Town of Summerdale green
alacrimapp · 1992
11993–1993
State v. Bullard green
nc · 1984
11991–1991
People v. Castro green
nysupct · 1989
11991–1991
People v. Wesley green
nycountyct · 1988
11991–1991
United States Court of Appeals, Third Circuit green
ca3 · 1986
11990–1990
State v. Superior Court green
ariz · 1986
11989–1989
Rock v. Arkansas green
scotus · 1987
11988–1988
Johnson v. State green
alacrimapp · 1986
11988–1988
Bundy v. Florida green
scotus · 1986
11987–1987
State v. Thomas green
ohio · 1981
11986–1986
United States v. Charles green
txsd · 1983
11984–1984
State v. Collins green
md · 1983
11984–1984
People v. Gonzales green
mich · 1982
11984–1984

Statutes the citing opinions construe

AL § Ala. Code § 36-18-30 (11) AL § Ala. Code § 13A-5-40 (8) AL § Ala. Code § 13A-5-49 (7) AL § Ala. Code § 13A-5-47 (6) AL § Ala. Code § 13A-5-51 (6) AL § Ala. Code § 13A-5-53 (6) AL § Ala. Code § 13A-5-45 (5) AL § Ala. Code § 13A-5-46 (5) AL § Ala. Code § 13A-5-52 (5) AL § Ala. Code § 13A-5-50 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 400 (1979–2026) IL 306 (1983–2026) PA 242 (1977–2026) WA 222 (1978–2026) FL 180 (1983–2026) CA 140 (1976–2026) MD 60 (1978–2025) AZ 59 (1982–2016) NJ 55 (1978–2026) KS 49 (1981–2026) MO 47 (1985–2024) TX 38 (1984–2026) MA 34 (1975–2026) AL 33 (1984–2017) CO 31 (1981–2021) MN 29 (1980–2026) CT 29 (1984–2005) MS 25 (1990–2008) NE 25 (1992–2017) DC 23 (1979–2026) AK 23 (1983–2019) MI 22 (1977–2024) OH 20 (1975–2023) IN 17 (1984–2023) VA 17 (1988–2010) SD 15 (1985–2026) WV 15 (1980–2026) TN 10 (1986–2014) DE 10 (1985–2025) KY 10 (1991–2015) NM 10 (1993–2016) ID 10 (1984–2013) WI 10 (1981–2021) GA 9 (1982–2020) NH 9 (1992–2004) AR 8 (1989–1996) UT 8 (1980–2019) IA 8 (1986–2025) RI 7 (1985–2020) LA 7 (1982–2018) HI 7 (1992–2026) MT 7 (1991–2026) OR 7 (1984–2024) OK 6 (1994–2025) VT 6 (1993–2009) WY 6 (1983–2025) NC 6 (1984–2004) SC 5 (1990–2026) ND 4 (1983–2005) ME 3 (1978–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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