Federal Defenders of New York Second Circuit Blog

expert witnesses

Supreme Court grants certiorari to an alleged drug courier (challenging a federal drug conviction) because the prosecution used an “expert witness” to rebut her defense that she didn’t know about the drugs that were hidden inside her car, which she said belonged to her boyfriend. Petitioner says the “expert” testimony violated Fed.R.Evid. 704(b).

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The Supreme Court granted certiorari in Diaz v. United States, No. 23-14 (cert. granted, Nov. 13, 2023). Discussions and relevant cert. papers are available here: https://www.scotusblog.com/case-files/cases/diaz-v-united-states/ The petition for certiorari frames the “Question Presented” as follows: Federal Rule of Evidence 704(b) provides: “In a criminual case, an expert witness must not state an opinion about … Read more

Circuit rejects new trial bid, despite evidentiary errors and refusal to voir dire on “antisemitic bias.”

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In United States v. Mendlowitz, No. 21-2049-cr (2d Cir. March 2, 2023) (summary order), the Second Circuit affirms the defendant’s wire fraud convictions, despite possible evidentiary errors and the district court’s refusal to ask about “potential antisemitic bias” during jury selection. On appeal following trial, the defendant challenged the district court’s exclusion of a proffered … Read more

White House Report: “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods.”

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The President’s Council of Advisors on Science and Technology today released a report entitled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods.”  You can access the report here.  According to a White House press release, “the study aims to help close the gaps for a number of ‘feature-comparison’ methods — specifically, … Read more

Judge Rakoff Rejects Proposed Handwriting Expert Testimony

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In an opinion released May 6, in the case Almeciga v. Center for Investigative Reporting, 15-cv-4319, SDNY Judge Jed S. Rakoff granted a defense motion to exclude proposed expert handwriting analysis testimony, holding that “handwriting analysis in general is unlikely to meet the admissibility requirements of Federal Rules of Evidence 702.”  The opinion documents the … Read more

Woe Betide Those Who Park on the Wrong Side of the Street (and those who produce child pornography)

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No relevant opinions today; two summary orders. In United States v. Grady, Syracuse police noticed that Grady’s car was parked in violation of the city’s odd/even street parking rules.  They approached the car, shone their flashlights inside and saw, in plain view, a bag of crack cocaine on Grady’s lap.  A loaded gun was also found in … Read more

Expert Tease

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United States v. Mejia, No. 05-2856-cr (2d Cir. October 6, 2008) (Jacobs, Parker, Hall, CJJ) Here, the improper admission of “officer expert” testimony resulted in a new trial. Background The defendants were convicted of participating in two drive-by shootings in connection with their membership in the MS-13 gang. One defendant was sentenced to sixty-three years’ … Read more

A Family Affair

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United States v. Yannotti, No. 06-5571-cr (2d Cir. September 4, 2008) (Katzmann, Parker, Raggi, CJJ) Michael Yannotti was one of several Gambino crime family members accused of multiple violent acts – including extortion, loansharking and murder. After a jury trial, he was convicted of a RICO conspiracy, although the only predicates that the jury could … Read more