Friday, February 16, 2007

Kelsey (unofficially) on Evidence

This article by Judge Kelsey of the Virginia Court of Appeals and published in American Judicature describes his view (as a matter of academic interest) on the answer in Virginia evidence law to the question posed by the Daubert standard for admissibility of expert testimony, and that is, who gets to decide what is reliable science.

And, the answer is, the evidence usually goes to the jury to decide disputed questions of reliability, so long as the trial judge can agree as a threshold matter that "a reasonable juror could find the expert opinion reliable and decide the case in reliance upon it."

As I wrote here, at last year's Winter Meeting of the VBA, there was a session on Daubert and Virginia law, and "Judge Kelsey's introduction was so excellent I wish he would write it down and publish it." Now he has.

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