Daubert factors (Arkansas) · Go Syfert
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Daubert factors in Arkansas

17 Arkansas opinions name it 2 courts 2003–2025 5 in the last five years

The cases below were cited by Arkansas 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 (9)

CaseFollowedCited
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
scotus · 1993 · cited in 4 Arkansas opinions naming this issue, 2003–2025
2 sentences

2025Britt argues on appeal that his trial counsel were ineffective in that they (1) failed to properly challenge the admissibility of the State’s DNA evidence under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); (2) failed to consult with an expert before filing a motion in connection with the Daubert hearing; (3) failed to ensure that the defense expert was adequately prepared prior to the Daubert hearing; (4) presented damaging DNA-related testimony from his own expert; (5) failed to properly cross-examine the State’s DNA experts at trial; (6) failed to present expert DNA tes

2025Britt argues on appeal that his trial counsel were ineffective in that they (1) failed to properly challenge the admissibility of the State’s DNA evidence under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); (2) failed to consult with an expert before filing a motion in connection with the Daubert hearing; (3) failed to ensure that the defense expert was adequately prepared prior to the Daubert hearing; (4) presented damaging DNA-related testimony from his own expert; (5) failed to properly cross-examine the State’s DNA experts at trial; (6) failed to present expert DNA tes

24
Kumho Tire Co. v. Carmichaelgreen
scotus · 1999 · cited in 7 Arkansas opinions naming this issue, 2003–2015
2 sentences

2015The Daubert test of reliability is “flexible,” and Daubert’s list of specific factors neither necessarily nor exclusively applies to all experts or in 19every case. ■ Id. at 141-12 , 119 S.Ct. 1167 .

2015The Daubert test of reliability is “flexible,” and Daubert’s list of specific factors neither necessarily nor exclusively applies to all experts or in 19every case. ■ Id. at 141-12 , 119 S.Ct. 1167 .

17
Bayer CropScience LP v. Schafergreen
ark · 2011 · cited in 2 Arkansas opinions naming this issue, 2013–2025
2 sentences

2025Bayer CropScience LP v. Schafer, 2011 Ark. 518 , 385 S.W.3d 822 . 9 of procedure but may conduct the hearing in a manner as will best ascertain the rights of the party.21 Appellant argues that the FCE was subjective and thus unreliable.

2025Bayer CropScience LP v. Schafer, 2011 Ark. 518 , 385 S.W.3d 822 . 9 of procedure but may conduct the hearing in a manner as will best ascertain the rights of the party.21 Appellant argues that the FCE was subjective and thus unreliable.

12
Arrow International, Inc. v. Sparksgreen
arkctapp · 2003 · cited in 2 Arkansas opinions naming this issue, 2015–2020
2 sentences

2020Consequently, the Daubert factors “neither necessarily nor exclusively apply to all experts, or in every case,” and the law grants a circuit court “the same broad latitude when it decides how to determine reliability as it enjoys [with] respect to its ultimate reliability determination.” Arrow Int’l, 81 Ark.

2020Consequently, the Daubert factors “neither necessarily nor exclusively apply to all experts, or in every case,” and the law grants a circuit court “the same broad latitude when it decides how to determine reliability as it enjoys [with] respect to its ultimate reliability determination.” Arrow Int’l, 81 Ark.

12
Regions Bank v. Hagamangreen
arkctapp · 2002 · cited in 2 Arkansas opinions naming this issue, 2003–2007
2 sentences

2007Because the Daubert factors are applicable only to “novel” evidence, theory, or methodology, see Regions Bank v. Hagaman, 79 Ark.

2007Because the Daubert factors are applicable only to “novel” evidence, theory, or methodology, see Regions Bank v. Hagaman, 79 Ark.

12
Britt v. Stategreen
mont · 2019 · cited in 1 Arkansas opinions naming this issue, 2021–2021
2 sentences

2021See Britt v. State, 2019 Ark.

2021See Britt v. State, 2019 Ark.

11
Graftenreed v. Seabaughgreen
arkctapp · 2007 · cited in 1 Arkansas opinions naming this issue, 2015–2015
2 sentences

2015App. at 374 , 268 S.W.3d at 915 (holding that the Daubert analysis was applicable only to “novel” scientific evidence, theory, or methodology); Arrow Intern., Inc. v. Sparks, 81 Ark.

2015App. at 374 , 268 S.W.3d at 915 (holding that the Daubert analysis was applicable only to “novel” scientific evidence, theory, or methodology); Arrow Intern., Inc. v. Sparks, 81 Ark.

11
State v. Goffgreen
ark · 2002 · cited in 1 Arkansas opinions naming this issue, 2004–2004
2 sentences

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

11
United States v. Lavern Hankey, AKA Poo, Opiniongreen
ca9 · 2000 · cited in 1 Arkansas opinions naming this issue, 2004–2004
2 sentences

2004See United States v. Hankey, 203 F.3d 1160 (9th Cir.2000).

2004See United States v. Hankey, 203 F.3d 1160 (9th Cir.2000).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Farm Bureau Mutual Insurance v. Foote green
ark · 2000
2 sentences

2015The Arkansas Supreme Court adopted the Daubert analysis in Farm Bureau Mutual Insurance Co. of Arkansas, Inc. v. Foote, 341 Ark. 105 , 14 S.W.3d 512 (2000).

2015The Arkansas Supreme Court adopted the Daubert analysis in Farm Bureau Mutual Insurance Co. of Arkansas, Inc. v. Foote, 341 Ark. 105 , 14 S.W.3d 512 (2000).

32005–2015
Northern v. State neutral
arkctapp · 2015
2 sentences

2025App. 426 , 467 S.W.3d 755 , in which we refused to consider a Daubert challenge on appeal because the factors had not been argued below, yet counsel made the same unprofessional error.

2025App. 426 , 467 S.W.3d 755 , in which we refused to consider a Daubert challenge on appeal because the factors had not been argued below, yet counsel made the same unprofessional error.

12025–2025
Turbyfill v. State green
arkctapp · 2005
2 sentences

2019Turbyfill v. State, 92 Ark.

2019Turbyfill v. State, 92 Ark.

12019–2019
Savage v. Union Pacific Railroad green
ared · 1999
2 sentences

2011It recognized the “tension between the Daubert standard for admission of expert testimony and the FELA standard on causation for submission of a case to a jury.” 67 F.Supp.2d at 1027 .

2011It recognized the “tension between the Daubert standard for admission of expert testimony and the FELA standard on causation for submission of a case to a jury.” 67 F.Supp.2d at 1027 .

12011–2011
Coca-Cola Bottling Co. v. Gill green
ark · 2003
2 sentences

2007Coca-Cola Bottling Co. v. Gill, 352 Ark. 240 , 100 S.W.3d 715 (2003).

2007Coca-Cola Bottling Co. v. Gill, 352 Ark. 240 , 100 S.W.3d 715 (2003).

12007–2007
Jackson v. State green
ark · 2004
2 sentences

2005Jackson, 359 Ark. at 303 , 197 S.W.3d at 473 .

2005Jackson, 359 Ark. at 303 , 197 S.W.3d at 473 .

12005–2005
Fudge v. State green
ark · 2000
2 sentences

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

12004–2004
Jones v. State green
arkctapp · 1984
2 sentences

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

2004See, e.g., State v. Goff, 349 Ark. 532 , 79 S.W.3d 320 (2002); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000); Jones v. State, 11 Ark.

12004–2004

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-10-102 (3)

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

TX 149 (1996–2026) LA 145 (1994–2026) MS 126 (1996–2026) OH 102 (1998–2026) MI 82 (2004–2026) KY 81 (1995–2026) DE 59 (2000–2026) WI 55 (2013–2026) FL 48 (2001–2026) GA 42 (2004–2026) CT 39 (1997–2025) OK 38 (1994–2026) NE 35 (1994–2024) MD 35 (2000–2026) SD 34 (1996–2026) AZ 31 (1995–2026) NC 30 (2000–2025) NM 30 (1994–2022) AL 27 (1998–2025) MA 27 (1996–2025) KS 27 (1995–2026) NJ 24 (2000–2026) PA 24 (1997–2022) WY 23 (1999–2025) VT 23 (2000–2026) AK 23 (1999–2025) IN 21 (1995–2023) MT 20 (1994–2026) NY 18 (1997–2017) NH 18 (1994–2025) CA 18 (1995–2023) MO 18 (1995–2025) IL 17 (1998–2025) AR 17 (2003–2025) WV 14 (1995–2024) WA 13 (1994–2025) IA 12 (1997–2026) DC 10 (2011–2026) RI 9 (1999–2024) OR 6 (1996–2025) ID 6 (2002–2022) CO 6 (1999–2021) HI 6 (1997–2020) VI 6 (2001–2017) SC 6 (2000–2025) UT 5 (1996–2012) TN 5 (2002–2020) MN 5 (2000–2019) NV 3 (1998–2014) ME 2 (2003–2005) VA 2 (2004–2006) GU 2 (2021–2022)

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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