Delisle v. Crane Co.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondents.

Brief filed: 10/30/2017

Documents

Delisle v. Crane Co.

Supreme Court of Florida; Case No. SC16-2182

Prior Decision

Decision below 206 So.3d 94 (Fla. 4th DCA, Nov. 9, 2016)

Argument(s)

The Daubert standard is superior to Frye for ensuring the reliability of expert evidence and preventing wrongful convictions. Unlike Frye, expert testimony under Daubert must be based on more than “pure opinion.” Unlike Frye, which is limited to considering the expert’s methodology, Daubert evaluates the reliability of an expert’s methodology, reasoning and opinions. Unlike Daubert, which applies to all expert testimony, Frye only applies to “new or novel” scientific techniques. A number of unreliable forensic techniques are admitted under Frye because they are no longer new or novel. The Frye standard, which measures general acceptance by the insular community in question, exacerbates the problem of junk science.

Featured Products

Author(s)

William N. Shepherd, Jason D. Lazarus, and Tiffany Roddenberry, Holland & Knight LLP, West Palm Beach, FL; H. Eugene Lindsey III, NACDL, Miami, FL.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free