Daubert in State Courts
Daubert in Texas
Texas follows Daubert. In Ashby v. State, 527 S.W.3d 356 the court wrote that ot be admissale expert testimony must pass a three step test. 1st the expert must qualify as an expert by reason of his knowledge skill experience training or education 2nd the subject matter of the testimony must be an appropriate one for expert testimony and third the court must find that admitting the expert testimony will actually assist the factfinder in deciding the case. Additionally the court outlined the test to determine the “reliability of expert testimony concerning the hard Science.s” This test provides that evidence from a scientific theory must satisfy three requirements. One the underlying scientific theory must be valid #2 the technique must apply the theory in a valid manner and three the technique must have been properly applied on the occasion in question. To show that the scientific method used is generally accepted in the scientific community the party proffering the expert must show evidence that the method has been peer reviewed and recently published. I suspect more Daubert factors here so I want to reread this case.