44 Washington opinions name it 2 courts 1978–2020 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.
| Case | Followed | Cited |
|---|---|---|
Frye v. United Statesred2 sentences2003See, e.g., Frye, 293 F. at 1014 (“while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs”); Russell, 125 Wn.2d at 37-40, 42-51, 54 (recognizing that DNA identification of humans is generally accepted by the scientific community and is based on knowledge about the extent of genetic variation in humans, identification of polymorphic DNA loci, and accurate probability estim 2003Calculation of probability estimates under the product rule rests on the assumption that the loci, or alleles, are in both Hardy-Weinberg and linkage equilibrium. [17] See, e.g., Frye, 293 F. at 1014 ("while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."); Russell, 125 Wash.2d at 37-40, 42-51, 54 , 882 P.2d 747 (recognizing that DNA identification of humans is genera | 4 | 12 |
State v. Cauthrongreen2 sentences2003See, e.g., Frye, 293 F. at 1014 (“while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs”); Russell, 125 Wn.2d at 37-40, 42-51, 54 (recognizing that DNA identification of humans is generally accepted by the scientific community and is based on knowledge about the extent of genetic variation in humans, identification of polymorphic DNA loci, and accurate probability estim 2003Calculation of probability estimates under the product rule rests on the assumption that the loci, or alleles, are in both Hardy-Weinberg and linkage equilibrium. [17] See, e.g., Frye, 293 F. at 1014 ("while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."); Russell, 125 Wash.2d at 37-40, 42-51, 54 , 882 P.2d 747 (recognizing that DNA identification of humans is genera | 3 | 6 |
State v. Rikergreen2 sentences2010State v. Piker, 123 Wn.2d 351, 359 , 869 P.2d 43 (1994). ¶16 Frye held: [W]hile courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently-established to have gained general acceptance in the particular field in which it belongs. 2010State v. Piker, 123 Wn.2d 351, 359 , 869 P.2d 43 (1994). ¶16 Frye held: [W]hile courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently-established to have gained general acceptance in the particular field in which it belongs. | 2 | 4 |
Bullcoming v. New Mexicogreen2 sentences2018She was ‘a supervisor, reviewer, or someone else with a personal, albeit limited, connection to the scientific test at issue.’ Bullcoming [v. New Mexico], [ 564 U.S. 647, 672 ,] 131 S. Ct. [2705, 180 L. 2018She was ‘a supervisor, reviewer, or someone else with a personal, albeit limited, connection to the scientific test at issue.’ Bullcoming [v. New Mexico], [ 564 U.S. 647, 672 ,] 131 S. Ct. [2705, 180 L. | 2 | 3 |
People v. Kinggreen2 sentences2006For example, in People v. King, 232 A.D.2d 111 , 663 N.Y.S.2d 610 (1997), the New York Supreme Court Appellate Division concluded, “[p]rivacy concerns are no longer relevant once the sample has already lawfully been removed from the body, and the scientific analysis of a sample does not involve any further search and seizure of a defendant’s person.” Id. at 614. “[0]nee constitutional concerns have been satisfied, a blood sample is not unlike other tangible property which can be subject to a battery of scientific tests.” Id. 2006For example, in People v. King, 232 A.D.2d 111 , 663 N.Y.S.2d 610 (1997), the New York Supreme Court Appellate Division concluded, “[p]rivacy concerns are no longer relevant once the sample has already lawfully been removed from the body, and the scientific analysis of a sample does not involve any further search and seizure of a defendant’s person.” Id. at 614. “[0]nee constitutional concerns have been satisfied, a blood sample is not unlike other tangible property which can be subject to a battery of scientific tests.” Id. | 2 | 2 |
State v. Russellgreen2 sentences2003See, e.g., Frye, 293 F. at 1014 (“while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs”); Russell, 125 Wn.2d at 37-40, 42-51, 54 (recognizing that DNA identification of humans is generally accepted by the scientific community and is based on knowledge about the extent of genetic variation in humans, identification of polymorphic DNA loci, and accurate probability estim 2003Calculation of probability estimates under the product rule rests on the assumption that the loci, or alleles, are in both Hardy-Weinberg and linkage equilibrium. [17] See, e.g., Frye, 293 F. at 1014 ("while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."); Russell, 125 Wash.2d at 37-40, 42-51, 54 , 882 P.2d 747 (recognizing that DNA identification of humans is genera | 2 | 2 |
Melendez-Diaz v. Massachusettsgreen2 sentences2014She was “a supervisor, reviewer, or someone else with a personal, albeit limited, connection to the scientific test at issue.” Bullcoming, 131 S. Ct. at 2722 (Sotomayor, J., concurring). ¶71 The problem in Melendez-Diaz and Bullcoming was that the defendant was denied effective cross-examination — in Melendez-Diaz because the witness was absent, 557 U.S. at 308 , and in Bullcoming because the witness lacked the relevant knowledge, 131 S. Ct. at 2707. 2014Instead, the Court reiterated that “ ‘it will not permit the testimonial statement of one witness to enter into evidence through the in-court testimony of a second.’ ” Id. at 2715 (quoting Melendez-Diaz, 557 U.S. at 334 (Kennedy, J., dissenting)). |135 Just as in Bullcoming , the experts who testified against Lui were supervisors who could testify about general testing procedures but lacked even a limited “personal . . . connection to the scientific test at issue.” Id. at 2722 (Sotomayor, J., concurring). | 1 | 2 |
State v. Hasangreen2 sentences2017The 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)). | 1 | 1 |
Anderson v. AKZO NOBEL COATINGS, INC.green1 sentence2013Anderson, 172 Wn.2d at 601-02, 610-11 ; Baity, 140 Wn.2d at 10 . | 1 | 1 |
Dryfoos v. Davisongreen2 sentences2013Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 P. at 1014. 2013Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 P. at 1014. | 1 | 1 |
| State v. Dunngreen | 1 | 1 |
State v. Dunngreen1 sentence2006See State v. Riker, 123 Wash.2d 351, 359 , 869 P.2d 43 (1994); State v. Copeland, 130 Wash.2d 244, 261 , 922 P.2d 1304 (1996) (affirming Washington's adherence to Frye despite U.S. Supreme Court's adoption of a different test in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993)); see State v. Dunn, 125 Wash.App. 582, 590 , 105 P.3d 1022 (2005). ¶ 5 In examining a Frye question, the court must determine: "(1) whether the underlying theory is generally accepted in the scientific community and (2) whether there are techniques, experiments, or studies uti | 1 | 1 |
| Jones v. United Statesgreen | 1 | 1 |
| Onwan v. Commonwealthgreen | 1 | 1 |
| Ivy v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Copeland
green
2 sentences1999Rather, the "`inquiry turns on the level of recognition accorded to the scientific principle involved we look for general acceptance in the appropriate scientific community.'" Janes, 121 Wash.2d at 232-33 , 850 P.2d 495 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). "`If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.'" Copeland, 130 Wash.2d at 255 , 922 P.2d 1304 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). 1999Rather, the “ ‘inquiry turns on the level of recognition accorded to the scientific principle involved — we look for general acceptance in the appropriate scientific community.’ ” Janes, 121 Wn.2d at 232 -33 (quoting Cauthron, 120 Wn.2d at 887 ). “ ‘If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.’ ” Copeland, 130 Wn.2d at 255 (quoting Cauthron, 120 Wn.2d at 887 ). | 4 | 1999–2006 |
State v. Canaday
green
2 sentences1987That standard is "whether the scientific principle from which deductions are made is sufficiently established to have gained general acceptance in the scientific community." State v. Canaday, 90 Wn.2d 808, 812 , 585 P.2d 1185 (1978). 1987That standard is "whether the scientific principle from which deductions are made is sufficiently established to have gained general acceptance in the scientific community." State v. Canaday, 90 Wn.2d 808, 812 , 585 P.2d 1185 (1978). | 4 | 1983–1991 |
In re the Detention of Pettis
green
2 sentences2020In re Det. of Pettis, 188 Wn. 2016Pettis, 188 Wn. | 3 | 2016–2020 |
State v. Copeland
green
2 sentences2006See State v. Riker, 123 Wn.2d 351, 359 , 869 P.2d 43 (1994); State v. Copeland, 130 Wn.2d 244, 261 , 922 P.2d 1304 (1996) (affirming Washington’s adherence to Frye despite United States Supreme Court’s adoption of a different test in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 , 125 L. 1999Rather, the "`inquiry turns on the level of recognition accorded to the scientific principle involved we look for general acceptance in the appropriate scientific community.'" Janes, 121 Wash.2d at 232-33 , 850 P.2d 495 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). "`If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.'" Copeland, 130 Wash.2d at 255 , 922 P.2d 1304 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). | 3 | 1999–2006 |
State v. Lord
green
2 sentences2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord, 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). 2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord, 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). | 2 | 2013–2013 |
State v. Stenson
green
2 sentences2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord. 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). 2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord, 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). | 2 | 2013–2013 |
State v. Stenson
green
2 sentences2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord. 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). 2013State v. Stenson, 132 Wn.2d 668, 717-18 , 940 P.2d 1239 (1997) (uncertainty of presumptive phenol test for detecting human blood went to weight rather than admissibility); State v. Lord, 117 Wn.2d 829, 853 , 822 P.2d 177 (1991). | 2 | 2013–2013 |
City of Bellevue v. Lightfoot
green
2 sentences2010Carlton, 155 Wash.App. at 161 , 231 P.3d 1241 . ¶ 19 But when a challenge to the scientific evidence alleges that it is novel, Washington courts apply the Frye standard, asking whether "both the underlying scientific principle and the technique employing that principle find general acceptance in the scientific community." City of Bellevue v. Lightfoot, 75 Wash.App. 214, 222 , 877 P.2d 247 (1994). 2010Carlton, 155 Wash.App. at 161 , 231 P.3d 1241 . ¶ 19 But when a challenge to the scientific evidence alleges that it is novel, Washington courts apply the Frye standard, asking whether "both the underlying scientific principle and the technique employing that principle find general acceptance in the scientific community." City of Bellevue v. Lightfoot, 75 Wash.App. 214, 222 , 877 P.2d 247 (1994). | 2 | 2010–2010 |
Reese v. Stroh
green
2 sentences2006The theory that fibromyalgia is caused by trauma is a new scientific principle subject to the Frye analysis. ¶10 Citing Reese v. Stroh, 128 Wn.2d 300 , 907 P.2d 282 (1995) , a medical malpractice case, the Grants also assert that expert opinion on the cause of a medical condition is not subject to the Frye test. 2006The theory that fibromyalgia is caused by trauma is a new scientific principle subject to the Frye analysis. ¶10 Citing Reese v. Stroh, 128 Wn.2d 300 , 907 P.2d 282 (1995) , a medical malpractice case, the Grants also assert that expert opinion on the cause of a medical condition is not subject to the Frye test. | 2 | 2006–2006 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2006See State v. Riker, 123 Wn.2d 351, 359 , 869 P.2d 43 (1994); State v. Copeland, 130 Wn.2d 244, 261 , 922 P.2d 1304 (1996) (affirming Washington’s adherence to Frye despite United States Supreme Court’s adoption of a different test in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 , 125 L. 2006See State v. Riker, 123 Wn.2d 351, 359 , 869 P.2d 43 (1994); State v. Copeland, 130 Wn.2d 244, 261 , 922 P.2d 1304 (1996) (affirming Washington’s adherence to Frye despite United States Supreme Court’s adoption of a different test in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 , 125 L. | 2 | 2006–2006 |
State v. Janes
green
2 sentences1999Rather, the "`inquiry turns on the level of recognition accorded to the scientific principle involved we look for general acceptance in the appropriate scientific community.'" Janes, 121 Wash.2d at 232-33 , 850 P.2d 495 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). "`If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.'" Copeland, 130 Wash.2d at 255 , 922 P.2d 1304 (quoting Cauthron, 120 Wash.2d at 887 , 846 P.2d 502 ). 1999Rather, the “ ‘inquiry turns on the level of recognition accorded to the scientific principle involved — we look for general acceptance in the appropriate scientific community.’ ” Janes, 121 Wn.2d at 232 -33 (quoting Cauthron, 120 Wn.2d at 887 ). “ ‘If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.’ ” Copeland, 130 Wn.2d at 255 (quoting Cauthron, 120 Wn.2d at 887 ). | 2 | 1999–1999 |
State v. Greene
green
2 sentences1999In reviewing the trial court's conclusion that DID was not generally accepted within the relevant scientific community, the Court of Appeals faulted the trial court for merging the question of whether there was scientific consensus regarding DID as a psychiatric condition with the question of whether a person suffering from the condition may be considered legally "insane." Greene, 92 Wash.App. at 96-97 , 960 P.2d 980 . 1999In reviewing the trial court’s conclusion that DID was not generally accepted within the relevant scientific com munity, the Court of Appeals faulted the trial court for merging the question of whether there was scientific consensus regarding DID as a psychiatric condition with the question of whether a person suffering from the condition may be considered legally “insane.” Greene, 92 Wn. | 2 | 1999–1999 |
State v. Black
green
2 sentences1991The Frye standard is whether the scientific principle from which deductions are made is "sufficiently established to have gained general acceptance in the particular field in which it belongs." Frye , at 1014. 14 See Ivy v. State, 522 So. 2d 740, 743-44 (Miss. 1988); Johnson v. State, 186 Ga. App. 77 , 366 S.E.2d 409 (1988); Onwan v. Commonwealth, 728 S.W.2d 536, 537 (Ky. Ct. App. 1987). 15 ER 702 provides: "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 knowl 1991The Frye standard is whether the scientific principle from which deductions are made is "sufficiently established to have gained general acceptance in the particular field in which it belongs." Frye , at 1014. 14 See Ivy v. State, 522 So. 2d 740, 743-44 (Miss. 1988); Johnson v. State, 186 Ga. App. 77 , 366 S.E.2d 409 (1988); Onwan v. Commonwealth, 728 S.W.2d 536, 537 (Ky. Ct. App. 1987). 15 ER 702 provides: "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 knowl | 2 | 1991–1993 |
State v. Brewczynski
neutral
1 sentence2017The 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)). | 1 | 2017–2017 |
State v. Jones
green
2 sentences2014"An expert's scientific or technical testimony must be based upon a scientific principle or explanatory theory that has gained general acceptance in the scientific community." State v. Jones. 71 Wn. 2014App. 798, 814 , 863 P.2d 85 (1993). | 1 | 2014–2014 |
State v. Baity
green
1 sentence2013Anderson, 172 Wn.2d at 601-02, 610-11 ; Baity, 140 Wn.2d at 10 . | 1 | 2013–2013 |
United States v. Isiah Williams and Michael Manning
green
1 sentence2013Id. | 1 | 2013–2013 |
Carlton v. VANCOUVER CARE LLC
neutral
1 sentence2010Carlton, 155 Wash.App. at 161 , 231 P.3d 1241 . ¶ 19 But when a challenge to the scientific evidence alleges that it is novel, Washington courts apply the Frye standard, asking whether "both the underlying scientific principle and the technique employing that principle find general acceptance in the scientific community." City of Bellevue v. Lightfoot, 75 Wash.App. 214, 222 , 877 P.2d 247 (1994). | 1 | 2010–2010 |
Carlton v. Vancouver Care, LLC
green
1 sentence2010Carlton, 155 Wash.App. at 161 , 231 P.3d 1241 . ¶ 19 But when a challenge to the scientific evidence alleges that it is novel, Washington courts apply the Frye standard, asking whether "both the underlying scientific principle and the technique employing that principle find general acceptance in the scientific community." City of Bellevue v. Lightfoot, 75 Wash.App. 214, 222 , 877 P.2d 247 (1994). | 1 | 2010–2010 |
| State v. Shelton green | 1 | 1991–1991 |
| State v. Ciskie green | 1 | 1991–1991 |
| Johnson v. State green | 1 | 1991–1991 |
| State v. Lytle neutral | 1 | 1991–1991 |
| State v. Stark green | 1 | 1991–1991 |
| State v. White green | 1 | 1979–1979 |
| Rusch v. Phillips Petroleum Co. neutral | 1 | 1978–1978 |
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.
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.