October 2019 Bar Bulletin
By Richard D. Ross and Karen S. Bamberger
The Court of Appeals Interprets Frye
Although the Supreme Court expressly rejected Daubert in favor of Frye in the criminal context, the court’s refusal to pick sides in Reese v. Stroh42 led to 17 years of uncertainty regarding which standard to apply. Two heavily cited cases that exemplify the problem are discussed here.
Ruff v. Dep’t of Labor and Industries
Ruff43 was the first significant opinion interpreting Frye. Relying on Frye, the Court of Appeals held that the testimony was properly excluded for lack of general acceptance of the underlying diagnostic techniques. But rather...