Friday, May 23, 2014

Lear v. Fields case brief summary

Lear v. Fields
AZ 2011
Facts- Arizona Legislature Enacts a “STATUTE” essentially mandating that Arizona Courts Apply the Daubert Test To Expert Testimony As Opposed to the Frye Test. 
Holding- Statute Infringes on the Arizona Supreme Court’s Rulemaking Power and thus, Unconstitutional.
Reasoning- Statute is PROCEDURAL in Nature.  Statute Implicates a GENERAL RULE OF EVIDENCE, that, By its own terms, Applied to the Admission of Expert Testimony in “ANY” CIVIL OR CRIMINAL ACTION, AND, it Did NOT ALTER “SUBSTANTIVE” Law.

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