Frve hearing (Washington) · Go Syfert
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Frve hearing in Washington

11 Washington opinions name it 1 courts 2013–2017 0 in the last five years

The cases below were cited by Washington 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 (8)

CaseFollowedCited
Frye v. United Statesred
cadc · 1923 · cited in 3 Washington opinions naming this issue, 2014–2015
2 sentences

2015Washington courts evaluate expert testimony under the Frye test.49 "The Frve standard requires a trial court to determine whether a scientific theory or principle 'has achieved general acceptance in the relevant scientific community' 43 Jd 44 Jd at 687. 45 Jd at 694. 46 Jd 47 Memorandum in Support of CrR 7.8 Motion for Relief from Judgment or Order at 1. 48 293 F. 1013 , 34A.L.R. 145 (D.C.

2015Washington courts evaluate expert testimony under the Frye test.49 "The Frve standard requires a trial court to determine whether a scientific theory or principle 'has achieved general acceptance in the relevant scientific community' 43 Jd 44 Jd at 687. 45 Jd at 694. 46 Jd 47 Memorandum in Support of CrR 7.8 Motion for Relief from Judgment or Order at 1. 48 293 F. 1013 , 34A.L.R. 145 (D.C.

13
State v. Gregoryred
wash · 2006 · cited in 2 Washington opinions naming this issue, 2013–2014
2 sentences

2014State v. Gregory, 158 Wn.2d 759, 830 , 147 P.3d 1201 (2006).

2014State v. Gregory, 158 Wn.2d 759, 830 , 147 P.3d 1201 (2006).

12
State v. Goodegreen
nc · 1995 · cited in 1 Washington opinions naming this issue, 2017–2017
2 sentences

2017Jones II, 681 S.E.2d at 590 ; State v. Goode, 461 S.E.2d 631, 645 (N.C. 1995).

2017Jones II, 681 S.E.2d at 590 ; State v. Goode, 461 S.E.2d 631, 645 (N.C. 1995).

11
State v. Hasangreen
conn · 1987 · cited in 1 Washington opinions naming this issue, 2017–2017
2 sentences

2017The court rejected Brewczynski's argument that a Frve hearing was necessary because the method used by the expert was a matter of physical comparison rather than a scientific test. "'In such cases, the jury is in a position to weigh the probative value of the testimony without abandoning common sense and sacrificing independent judgment to the expert's assertions.'" Id. at 556 (quoting State v. Hasan, 205 Conn. 485, 490, 491 , 534 A.2d 877 (1987)).

2017The court rejected Brewczynski's argument that a Frve hearing was necessary because the method used by the expert was a matter of physical comparison rather than a scientific test. "'In such cases, the jury is in a position to weigh the probative value of the testimony without abandoning common sense and sacrificing independent judgment to the expert's assertions.'" Id. at 556 (quoting State v. Hasan, 205 Conn. 485, 490, 491 , 534 A.2d 877 (1987)).

11
United States v. Byron Mitchellgreen
ca3 · 2004 · cited in 1 Washington opinions naming this issue, 2014–2014
2 sentences

2014In support of their theory, the Habers cite to a 2009 report by the National Research Council of the National Academy of Sciences, which recommended additional testing to 8 United States v. Mitchell. 365 F.2d 215, 221 (3rd Cir. 2004). 9 365 F.2d 215, 221 (3rd Cir. 2004) No. 69003-5-1/4 w ^ determine the reliability of latent fingerprint analysis generally and of the ACE-V methodology in particular.10 However, the reliability of fingerprint identification has been tested in our adversarial system for over a century and routinely subjected to peer review.11 The trial court considered all of this

2014In support of their theory, the Habers cite to a 2009 report by the National Research Council of the National Academy of Sciences, which recommended additional testing to 8 United States v. Mitchell. 365 F.2d 215, 221 (3rd Cir. 2004). 9 365 F.2d 215, 221 (3rd Cir. 2004) No. 69003-5-1/4 w ^ determine the reliability of latent fingerprint analysis generally and of the ACE-V methodology in particular.10 However, the reliability of fingerprint identification has been tested in our adversarial system for over a century and routinely subjected to peer review.11 The trial court considered all of this

11
Ma'ele v. Arringtongreen
washctapp · 2002 · cited in 1 Washington opinions naming this issue, 2013–2013
2 sentences

2013App. 557 , 45 P.3d 557 (2002). 23 Id. at 563. 8 No. 68346-2-1/9 engage in a Frve analysis.

2013App. 557 , 45 P.3d 557 (2002). 23 Id. at 563. 8 No. 68346-2-1/9 engage in a Frve analysis.

11
State v. Copelandgreen
wash · 1996 · cited in 1 Washington opinions naming this issue, 2013–2013
2 sentences

2013Evidence that is admissible under Frve must still pass the two-part test under ER 702: (1) whether the witness is qualified as an expert and (2) whether the expert testimony is helpful to the trier of fact.9 State v. Copeland, 130 Wn.2d 244, 256, 922 (iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was thirty-four degrees centigrade plus or minus 0.3 degrees centigrade; (v) The internal standard test resulted in the message "verified"; (vi) The two breath sa

2013Evidence that is admissible under Frve must still pass the two-part test under ER 702: (1) whether the witness is qualified as an expert and (2) whether the expert testimony is helpful to the trier of fact.9 State v. Copeland, 130 Wn.2d 244, 256, 922 (iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was thirty-four degrees centigrade plus or minus 0.3 degrees centigrade; (v) The internal standard test resulted in the message "verified"; (vi) The two breath sa

11
Lakey v. Puget Sound Energy, Inc.green
wash · 2013 · cited in 1 Washington opinions naming this issue, 2013–2013
2 sentences

2013Indeed, at oral argument, Appellants' counsel conceded that there was nothing novel about Probst's calculation of the forces involved in the collision. "'Once a methodology is accepted in the scientific community, then application of the science to a particular case is a matter of weight and admissibility under ER 702, which allows qualified expert witnesses to testify if scientific, technical, or other specialized knowledge will assist the trier of fact.'"27 Both this court in Stedman v. 24 ]d 25176 Wn.2d 909 , 919, 296 P.3d 860 (2013) (Frye applies if'"either the theory and technique or meth

2013Indeed, at oral argument, Appellants' counsel conceded that there was nothing novel about Probst's calculation of the forces involved in the collision. "'Once a methodology is accepted in the scientific community, then application of the science to a particular case is a matter of weight and admissibility under ER 702, which allows qualified expert witnesses to testify if scientific, technical, or other specialized knowledge will assist the trier of fact.'"27 Both this court in Stedman v. 24 ]d 25176 Wn.2d 909 , 919, 296 P.3d 860 (2013) (Frye applies if'"either the theory and technique or meth

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

CaseCitedYears
State v. Cauthron red
wash · 1993
2 sentences

2013In Cauthron, the Washington Supreme Court held that DNA typing under the restricted fragment length polymorphisms (RFLP) procedure was generally accepted in the scientific community and met the Frve test for admissibility. 120 Wn.2d at 899 .

2013In Cauthron, the Washington Supreme Court held that DNA typing under the restricted fragment length polymorphisms (RFLP) procedure was generally accepted in the scientific community and met the Frve test for admissibility. 120 Wn.2d at 899 .

22013–2017
State v. Buckner green
wash · 1997
2 sentences

2017State v. Cauthron. 120 Wn.2d 879, 887 , 846 P.2d 502 (1993), overruled in part on other grounds by State v. Bruckner, 133 Wn.2d 63 , 941 P.2d 667 (1997).

2017State v. Cauthron. 120 Wn.2d 879, 887 , 846 P.2d 502 (1993), overruled in part on other grounds by State v. Bruckner, 133 Wn.2d 63 , 941 P.2d 667 (1997).

12017–2017
State v. Brewczynski neutral
washctapp · 2013
2 sentences

2017The court rejected Brewczynski's argument that a Frve hearing was necessary because the method used by the expert was a matter of physical comparison rather than a scientific test. "'In such cases, the jury is in a position to weigh the probative value of the testimony without abandoning common sense and sacrificing independent judgment to the expert's assertions.'" Id. at 556 (quoting State v. Hasan, 205 Conn. 485, 490, 491 , 534 A.2d 877 (1987)).

2017The court rejected Brewczynski's argument that a Frve hearing was necessary because the method used by the expert was a matter of physical comparison rather than a scientific test. "'In such cases, the jury is in a position to weigh the probative value of the testimony without abandoning common sense and sacrificing independent judgment to the expert's assertions.'" Id. at 556 (quoting State v. Hasan, 205 Conn. 485, 490, 491 , 534 A.2d 877 (1987)).

12017–2017
State v. Jones green
sc · 2009
2 sentences

2017Jones II, 681 S.E.2d at 590 ; State v. Goode, 461 S.E.2d 631, 645 (N.C. 1995).

2017Jones II, 681 S.E.2d at 590 ; State v. Goode, 461 S.E.2d 631, 645 (N.C. 1995).

12017–2017
Matter of Personal Restraint of Young red
wash · 1993
2 sentences

2015Citing In re Personal Restraint of Young, 122 Wn.2d 1 , 857 P.2d 989 (1993), and In re Detention of Berry, 160 Wn.

2015Citing In re Personal Restraint of Young, 122 Wn.2d 1 , 857 P.2d 989 (1993), and In re Detention of Berry, 160 Wn.

12015–2015
State v. Wilks neutral
wash · 2011
1 sentence

2015App. 374 . 248 P.3d 592 (2011). review denied, 172Wn.2d 1005, 257 P.3d 665 (2011), the trial court denied the motion for a Frve hearing.

12015–2015
In Re Detention of Berry green
washctapp · 2011
2 sentences

2015App. 374 . 248 P.3d 592 (2011). review denied, 172Wn.2d 1005, 257 P.3d 665 (2011), the trial court denied the motion for a Frve hearing.

2015Citing In re Personal Restraint of Young, 122 Wn.2d 1 , 857 P.2d 989 (1993), and In re Detention of Berry, 160 Wn.

12015–2015
State v. Pigott green
washctapp · 2014
2 sentences

2015However, this court rejected this same argument in State v. Pigott. 181 Wn.

2015However, this court rejected this same argument in State v. Pigott. 181 Wn.

12015–2015
In re the Detention of Thorell green
wash · 2003
2 sentences

2015Cir. 1923). 49 InreDet. ofThorell, 149 Wn.2d 724, 754 , 72 P.3d 708 (2003).

2015Cir. 1923). 49 InreDet. ofThorell, 149 Wn.2d 724, 754 , 72 P.3d 708 (2003).

12015–2015
State v. Baity green
wash · 2000
2 sentences

2014State v. Baity, 140 Wn.2d 1,10 , 991 P.2d 1151 (2000).

2014State v. Baity, 140 Wn.2d 1,10 , 991 P.2d 1151 (2000).

12014–2014
State v. Baity green
wash · 2000
2 sentences

2014State v. Baity, 140 Wn.2d 1,10 , 991 P.2d 1151 (2000).

2014State v. Baity, 140 Wn.2d 1,10 , 991 P.2d 1151 (2000).

12014–2014
Eakins v. Huber green
washctapp · 2010
2 sentences

2013However, "the relevant inquiry is general acceptance by the scientists, not the courts." Eakins v. Huber. 154 Wn.

2013However, "the relevant inquiry is general acceptance by the scientists, not the courts." Eakins v. Huber. 154 Wn.

12013–2013
Anderson v. AKZO NOBEL COATINGS, INC. green
wash · 2011
2 sentences

2013Indeed, at oral argument, Appellants' counsel conceded that there was nothing novel about Probst's calculation of the forces involved in the collision. "'Once a methodology is accepted in the scientific community, then application of the science to a particular case is a matter of weight and admissibility under ER 702, which allows qualified expert witnesses to testify if scientific, technical, or other specialized knowledge will assist the trier of fact.'"27 Both this court in Stedman v. 24 ]d 25176 Wn.2d 909 , 919, 296 P.3d 860 (2013) (Frye applies if'"either the theory and technique or meth

2013Indeed, at oral argument, Appellants' counsel conceded that there was nothing novel about Probst's calculation of the forces involved in the collision. "'Once a methodology is accepted in the scientific community, then application of the science to a particular case is a matter of weight and admissibility under ER 702, which allows qualified expert witnesses to testify if scientific, technical, or other specialized knowledge will assist the trier of fact.'"27 Both this court in Stedman v. 24 ]d 25176 Wn.2d 909 , 919, 296 P.3d 860 (2013) (Frye applies if'"either the theory and technique or meth

12013–2013
State v. Riker green
wash · 1994
2 sentences

2013When applying the Frve test, courts do not determine if the scientific theory underlying the proposed testimony is correct; rather, courts "must look to see whether the theory has achieved general acceptance in the appropriate scientific community." State v. Riker. 123 Wn.2d 351, 359-60 , 869 P.2d 43 (1994).

2013When applying the Frve test, courts do not determine if the scientific theory underlying the proposed testimony is correct; rather, courts "must look to see whether the theory has achieved general acceptance in the appropriate scientific community." State v. Riker. 123 Wn.2d 351, 359-60 , 869 P.2d 43 (1994).

12013–2013
In re the Detention of Post green
washctapp · 2008
2 sentences

2013To establish ineffective assistance of counsel, a defendant must demonstrate both (1) that his attorney's representation fell below an objective standard of reasonableness, and (2) a reasonable probability that, but for counsel's deficient performance, the result of the proceeding would have been different.9 Washington courts have repeatedly upheld commitments based 6 See Post, 145 Wn.

2013To establish ineffective assistance of counsel, a defendant must demonstrate both (1) that his attorney's representation fell below an objective standard of reasonableness, and (2) a reasonable probability that, but for counsel's deficient performance, the result of the proceeding would have been different.9 Washington courts have repeatedly upheld commitments based 6 See Post, 145 Wn.

12013–2013

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