Frye test (West Virginia) · Go Syfert
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Frye test in West Virginia

15 West Virginia opinions name it 1 courts 1980–2026 1 in the last five years

The cases below were cited by West Virginia 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 (13)

CaseFollowedCited
Frye v. United Statesred
cadc · 1923 · cited in 9 West Virginia opinions naming this issue, 1980–2010
2 sentences

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

59
Wilt v. Burackergreen
wva · 1994 · cited in 4 West Virginia opinions naming this issue, 1994–2010
2 sentences

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

34
Buracker v. Wiltgreen
scotus · 1994 · cited in 3 West Virginia opinions naming this issue, 1994–2010
2 sentences

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

33
Uberoi v. University of Coloradogreen
scotus · 1994 · cited in 3 West Virginia opinions naming this issue, 1994–2010
2 sentences

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

2010See Wilt v. Buracker, 191 W.Va. 39, 44 , 443 S.E.2d 196, 201 (1993), cert. denied, 511 U.S. 1129 , 114 S.Ct. 2137 , 128 L.Ed.2d 867 (1994) (citing the United States Supreme Court’s determination that the Frye rule, Frye v. United States, 54 App.D.C. 46 , 293 F. 1013 (1923), was inconsistent with Rule 702).

33
Beech Aircraft Corp. v. Raineygreen
scotus · 1988 · cited in 5 West Virginia opinions naming this issue, 1994–2015
2 sentences

2015See also Gentry v. Mangum, 195 W.Va. at 520 , 466 S.E.2d at 179 (“In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and West Virginia Rules of Evidence.” (emphasis in original)); Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 , 109 S.Ct. 439 , 102 L.Ed.2d 445 (1988) (highlighting the “‘liberal thrust’ of the Federal Rules and their ‘general approach of relaxing the traditional barriers to opinion testimony.’”).

2015See also Gentry v. Mangum, 195 W.Va. at 520 , 466 S.E.2d at 179 (“In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and West Virginia Rules of Evidence.” (emphasis in original)); Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 , 109 S.Ct. 439 , 102 L.Ed.2d 445 (1988) (highlighting the “‘liberal thrust’ of the Federal Rules and their ‘general approach of relaxing the traditional barriers to opinion testimony.’”).

25
Gentry v. Mangumgreen
wva · 1995 · cited in 2 West Virginia opinions naming this issue, 2007–2015
2 sentences

2015See also Gentry v. Mangum, 195 W.Va. at 520 , 466 S.E.2d at 179 (“In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and West Virginia Rules of Evidence.” (emphasis in original)); Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 , 109 S.Ct. 439 , 102 L.Ed.2d 445 (1988) (highlighting the “‘liberal thrust’ of the Federal Rules and their ‘general approach of relaxing the traditional barriers to opinion testimony.’”).

2015See also Gentry v. Mangum, 195 W.Va. at 520 , 466 S.E.2d at 179 (“In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and West Virginia Rules of Evidence.” (emphasis in original)); Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 , 109 S.Ct. 439 , 102 L.Ed.2d 445 (1988) (highlighting the “‘liberal thrust’ of the Federal Rules and their ‘general approach of relaxing the traditional barriers to opinion testimony.’”).

22
Timothy Duane Arcoren v. United Statesgreen
ca8 · 1991 · cited in 2 West Virginia opinions naming this issue, 2007–2008
2 sentences

2008The rule “is one of admissibility rather than exclusion.” Arcoren v. United States, 929 F.2d 1235, 1239 (8th Cir.1991).

2008The rule “is one of admissibility rather than exclusion.” Arcoren v. United States, 929 F.2d 1235, 1239 (8th Cir.1991).

22
State v. Clawsonyellow
wva · 1980 · cited in 4 West Virginia opinions naming this issue, 1988–2002
2 sentences

1995Frye v. United States, 293 F. 1013 (D.C.Cir.1923), supersede ed by statute as stated in Daubert, supra; State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980) (explicitly adopted Frye), receded from by Wilt v. Buracker, supra. In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and the West Virginia Rules of Evidence.

1995Frye v. United States, 293 F. 1013 (D.C.Cir.1923), supersede ed by statute as stated in Daubert, supra; State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980) (explicitly adopted Frye), receded from by Wilt v. Buracker, supra. In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and the West Virginia Rules of Evidence.

14
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
scotus · 1993 · cited in 3 West Virginia opinions naming this issue, 1994–2002
2 sentences

2002In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), the Court examined the Frye standard in conjunction with Rule 702 of the Federal Rules of Evidence. [19] Deeming Frye to have been superseded by Rule 702, the Daubert Court summarized its position regarding the admissibility of scientific evidence by stating "[g]eneral acceptance" is not a necessary precondition to the admissibility of scientific evidence under the Federal Rules of Evidence, but the Rules of Evidence — especially *142 Rule 702—do assign to the trial judge the task of ensuri

2002In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), the Court examined the Frye standard in conjunction with Rule 702 of the Federal Rules of Evidence. [19] Deeming Frye to have been superseded by Rule 702, the Daubert Court summarized its position regarding the admissibility of scientific evidence by stating "[g]eneral acceptance" is not a necessary precondition to the admissibility of scientific evidence under the Federal Rules of Evidence, but the Rules of Evidence — especially *142 Rule 702—do assign to the trial judge the task of ensuri

13
State v. Armstronggreen
wva · 1988 · cited in 1 West Virginia opinions naming this issue, 1994–1994
2 sentences

1994As we stated in Syllabus Point 8 of Clawson , where the scientific test is generally accepted, it can be judicially noticed and the expert need not demonstrate its scientific validity. 5 We also stated in note 4 of State v. Armstrong, 179 W.Va. at 439-40, 369 S.E.2d at 874-75 (1988), that there is a general trend under Rule 702 to liberalize the Frye rule: “An increasing number of the courts and many of the leading commentators interpret Rule 702 of the Federal Rules of Evidence, which is identical to our Rule 702, as limiting the Frye ‘general acceptance’ test to a test solely for determining

1994As we stated in Syllabus Point 8 of Clawson , where the scientific test is generally accepted, it can be judicially noticed and the expert need not demonstrate its scientific validity. 5 We also stated in note 4 of State v. Armstrong, 179 W.Va. at 439-40, 369 S.E.2d at 874-75 (1988), that there is a general trend under Rule 702 to liberalize the Frye rule: “An increasing number of the courts and many of the leading commentators interpret Rule 702 of the Federal Rules of Evidence, which is identical to our Rule 702, as limiting the Frye ‘general acceptance’ test to a test solely for determining

11
United States v. Carl Joseph Baller, Jr.green
ca4 · 1975 · cited in 1 West Virginia opinions naming this issue, 1980–1980
2 sentences

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

11
United States v. Steven John Alexandergreen
ca8 · 1975 · cited in 1 West Virginia opinions naming this issue, 1980–1980
2 sentences

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

11
United States v. Hayward Leslie Browngreen
ca6 · 1977 · cited in 1 West Virginia opinions naming this issue, 1980–1980
2 sentences

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

1980United States v. Brown, 557 F.2d 541, 556 (6th Cir. 1977) (ion microprobic test for hair identification); United States v. Alexander, 526 F.2d 161, 163-164 (8th Cir. 1975) (polygraph); United States v. Bailer, 519 F.2d 463, 466 (4th Cir. W.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Clawsonyellow
wva · 1980 · cited in 4 West Virginia opinions naming this issue, 1988–2002
2 sentences

1995Frye v. United States, 293 F. 1013 (D.C.Cir.1923), supersede ed by statute as stated in Daubert, supra; State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980) (explicitly adopted Frye), receded from by Wilt v. Buracker, supra. In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and the West Virginia Rules of Evidence.

1995Frye v. United States, 293 F. 1013 (D.C.Cir.1923), supersede ed by statute as stated in Daubert, supra; State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980) (explicitly adopted Frye), receded from by Wilt v. Buracker, supra. In Daubert/Wilt, the Frye test was abandoned by the courts, concluding that Frye’s rigid standard was inconsistent with the liberal thrust of the Federal and the West Virginia Rules of Evidence.

14

Also cited on this issue (7)

CaseCitedYears
State v. Derr green
wva · 1994
2 sentences

2010Thus, the Rules of Evidence impliedly repeal prior decisional admissibility rules that have not been codified. 192 W.Va. at 177-178, 451 S.E.2d at 743-744 .

2010Thus, the Rules of Evidence impliedly repeal prior decisional admissibility rules that have not been codified. 192 W.Va. at 177-178, 451 S.E.2d at 743-744 .

22010–2010
Missouri v. Frye green
scotus · 2012
2 sentences

2026The circuit court analyzed the issue under Missouri v. Frye, 566 U.S. 134 (2012).2 A Frye claim requires that the prejudice prong of Strickland be proven by “a reasonable probability” (1) that the defendant would have accepted the earlier plea offer, and (2) that neither the state nor the trial court would have prevented the resulting plea agreement from being implemented.

2026The circuit court analyzed the issue under Missouri v. Frye, 566 U.S. 134 (2012).2 A Frye claim requires that the prejudice prong of Strickland be proven by “a reasonable probability” (1) that the defendant would have accepted the earlier plea offer, and (2) that neither the state nor the trial court would have prevented the resulting plea agreement from being implemented.

12026–2026
Geary Land Co. v. Conley green
wva · 1985
2 sentences

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

11988–1988
Original Glorious Church of God In Christ, Inc. of the Apostolic Faith v. Myers green
wva · 1988
2 sentences

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

11988–1988
McAllister v. Weirton Hospital Co. green
wva · 1983
2 sentences

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

11988–1988
People v. Hampton red
colo · 1987
2 sentences

1988Hampton, 746 P.2d at 950-51 . (footnote omitted).

1988Hampton, 746 P.2d at 950-51 . (footnote omitted).

11988–1988
Boggs v. Settle green
wva · 1965
2 sentences

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

1988We need not reach the Frye issue in the present case. 4 The harmless error rule, Rule 61 of the West Virginia Rules of Civil Procedure, applies to this assignment of error involving the admissibility of expert testimony on the novel prosthesis. 5 In syllabus point 2 of Boggs v. Settle, 150 W.Va. 330 , 145 S.E.2d 446 (1965), the Court held: “On appeal of a case involving an action covered by the Rules of Civil Procedure, this Court will disregard and regard as harmless any error, defect or irregularity in the proceedings in the trial court which does not affect the substantial rights of the par

11988–1988

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) CT 29 (1984–2005) MN 29 (1980–2026) MS 25 (1990–2008) NE 25 (1992–2017) DC 23 (1979–2026) AK 23 (1983–2019) MI 22 (1977–2024) OH 20 (1975–2023) VA 17 (1988–2010) IN 17 (1984–2023) SD 15 (1985–2026) WV 15 (1980–2026) WI 10 (1981–2021) NM 10 (1993–2016) ID 10 (1984–2013) DE 10 (1985–2025) TN 10 (1986–2014) KY 10 (1991–2015) NH 9 (1992–2004) GA 9 (1982–2020) UT 8 (1980–2019) AR 8 (1989–1996) IA 8 (1986–2025) LA 7 (1982–2018) OR 7 (1984–2024) RI 7 (1985–2020) HI 7 (1992–2026) MT 7 (1991–2026) NC 6 (1984–2004) OK 6 (1994–2025) WY 6 (1983–2025) VT 6 (1993–2009) 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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