I was fortunate to
attend the “Daubert Litigation Training for Florida Criminal Defense Attorneys”
held January 31, 2014 in Orlando. The seminar was sponsored by the Innocence
Project of Florida, the Florida Association of Criminal Defense Lawyers, and
the Florida Public Defender Association.
Seth Miller put
together this seminar in a creative manner. First speaker Joe Sanders is a
Plaintiff’s consumer attorney who has litigated Daubert issues in a variety of
contexts. His presentation contained a wealth of useful material. Keith
Findley, Director of the Wisconsin Innocence Project, gave a comprehensive
history of the rise and fall of the “Shaken Baby Syndrome.” Carrie Sperling from Wisconsin had many
helpful pointers about what should be included in a Daubert motion and hearing.
And Ernie Chang knocked ballistics and firearms evidence out of the park. The
litigation that he described sets the new standard for effective assistance of
counsel in any case where firearm or tool mark identification is at issue.
When we think
about the three sponsoring organizations we tend to focus on the day to day
defense of individual clients. This conference showed how influential our work
is to overall criminal justice reform. So called experts have been testifying
to made up “facts” and unproven theories for too long. I really appreciate that
we now have an opportunity to meaningfully challenge false forensic science
evidence.
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