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标题: Let's read!(1) [打印本页]

作者: chelseayang 时间: 2004-12-24 11:16
标题: Let's read!(1)

Leslie Demeniuk, who is facing the death penalty for the murder of her 4-year-old twins in March 2001, contends in her Dec. 9 brief that the Fifth District Court of Appeal erred when it overturned a trial court's order denying the state's motion for a Frye hearing and on Nov. 9 overruled her motion for a rehearing because its findings conflict with numerous Supreme Court decisions regarding the admissibility of expert opinions in capital cases.

question: what has happened to the Frye hearing mentioned in the pasage?

作者: mage 时间: 2004-12-25 01:20

Frey hearing is a state's motion, first a trial court's order rejected the motion, then the FDCA overturned the order, that is, the FDCA accepted the Frye hearing

on Nov. 9 the FDCA rejected LD' motion for Frye rehearing because the FDCA questioning the credibility of Frye hearing due to super court decision.

am I right?

作者: lawyer_1 时间: 2004-12-25 02:07

75percent right

LD think FDCA erred because its findings(裁定) conflict with the binding precedents。

作者: Baker 时间: 2005-1-23 08:20

I think only two things happend to Frye:

1. Fifth District Court of Appeal grants the state's motion for a Frye hearing.

2. Fifth District Court of Appeal overruled her motion for a rehearing on Nov. 9

The rest has nothing to do with Frye.

chelseayang

What's your opinion?

作者: chelseayang 时间: 2005-1-27 23:49
No misunderstanding here

作者: jyj20001 时间: 2005-9-2 11:44

it's not tough at all

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