State v. Lewis

654 So. 2d 761, 1995 WL 217910
CourtLouisiana Court of Appeal
DecidedApril 13, 1995
Docket95-K-0209
StatusPublished
Cited by7 cases

This text of 654 So. 2d 761 (State v. Lewis) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lewis, 654 So. 2d 761, 1995 WL 217910 (La. Ct. App. 1995).

Opinion

654 So.2d 761 (1995)

STATE of Louisiana
v.
Darnell LEWIS.

No. 95-K-0209.

Court of Appeal of Louisiana, Fourth Circuit.

April 13, 1995.

*762 Harry F. Connick, Dist. Atty., Deborah Villio Kettenring, David Paul Wolff, Karen Kirshbom Herman, Asst. Dist. Atty., New Orleans, for relator.

Pauline Fransen Hardin, M. Richard Schroeder, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for respondent.

Before BARRY, PLOTKIN and WALTZER, JJ.

WALTZER, Judge.

We are called upon to review the ruling of the trial court denying expert status to Ms. Anne H. Montgomery, who presented herself to the court as an expert in molecular biology and DNA analysis.

PROCEDURAL BACKGROUND

An Orleans Parish Grand Jury indicted Darnell Lewis with numerous crimes, including, inter alia, nine (9) counts of aggravated rape, violations of La.R.S. 14:42. The prosecution attempted to introduce DNA evidence at trial, the result of testing and analysis conducted by GenTest Laboratories under *763 the direction of laboratory director Dr. Sudhir K. Sinha.

A hearing was held 4 January 1995 to determine whether the tests and the methodology used to obtain the test results are reliable, whether the prosecution had complied with discovery requests, and whether Ms. Anne Montgomery, assistant director of GenTest Laboratories, should be recognized as an expert in DNA analysis and testing. Ms. Montgomery was offered as an expert in the field of molecular biology, DNA testing and analysis. The trial court ruled at the conclusion of the hearing that Ms. Montgomery would be denied expert status, thus disallowing her testimony regarding the findings of her DNA analysis and testing. The trial court denied Ms. Montgomery expert status because a) Dr. Sinha was the primary scientist handling testing in this case, and b) Ms. Montgomery does not hold a doctoral degree.

Respondent asserts that this ruling was correct because a) Ms. Montgomery was not the sole author of her published articles on the subject of DNA, but wrote articles in collaboration with Dr. Sinha; b) that the nature of the publications in which she has published are promotional of her laboratory work rather than scientific; c) that Ms. Montgomery is biased because she works for GenTest; d) that she is not board certified as a lab director; e) that she has been an associate laboratory director for only a year; and f) that Ms. Montgomery is a technician and not a scientist.

Respondent's arguments in the trial court and in brief to this court in response to the State's writ application rely on an affidavit signed on 5 January 1995 by Donald T. Acton, Ph.D., one day after the hearing, and filed into the record on 6 January 1995, two days after the hearing. Dr. Acton did not testify at trial and he was not subject to cross examination. The affidavit was not considered by the trial court, and in fact did not exist until after the trial court ruled. As such, it is dehors the record, and will not be considered by this Court, whose review is limited to evidence of record in the trial court.

Significantly, the trial court never addressed the issue of whether DNA evidence was reliable for admission at trial. The trial judge declined to qualify Ms. Montgomery as an expert, without deciding whether the DNA test offered possessed reliability, relevancy and pertained to scientific, technical, or other specialized knowledge that would assist the trier of fact to understand the evidence or to determine a fact in issue. See, Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

ADMISSION OF EVIDENCE VERSUS EXPERTISE

Relator and Respondent agree that La. C.E. art. 702 governs the qualifications of expert witnesses and admissibility of expert testimony. Article 702 provides:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

This provision is virtually identical to its source provision in the Federal Rules of Evidence, F.R.E. 702, and to the evidentiary rule of several other states. Subsumed in the requirements of Rule 702 is that the expert testimony must be reliable to be admissible.

In Daubert, supra the United States Supreme Court was concerned with determining the admissibility of testimony pertaining to new scientific knowledge and new techniques, in a novel area, and whether expert testimony would pertain to matters that are helpful to the factfinder. The "helpfulness" standard requires a valid scientific connection to the pertinent inquiry as a precondition to admissibility. The issue of the "expertise" of Ms. Montgomery and the issue of "admissibility" were intertwined by the parties and the trial court.

The preliminary question concerning the qualification of a person to be a witness or the admissibility of evidence should be established by the preponderance of the evidence. See, Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 2775, 97 *764 L.Ed.2d 144 (1987). Generally, the determination of whether to qualify a witness as an expert under La.C.E. art. 702 is within the sound discretion of the trial judge. Clement v. Griffin, 91-1664 (La.App. 4 Cir. 3/3/94), 634 So.2d 412, writs denied, 94-0717, 94-0777, 94-0789, 94-0791, 94-0799, 94-0800 (La. 5/20/94), 637 So.2d 478, 479. Trial judges are thus afforded great latitude in deciding whether a prospective expert has the competence, background, and experience to testify as an expert. Although such discretion is not absolute, Adams v. Chevron U.S.A. Inc., 589 So.2d 1219 (La.App. 4th Cir.1991), writs denied 592 So.2d 414, 415 (La.1992), the trial court's decision to qualify an expert will not be overturned absent manifest error. Longman v. Allstate Ins. Co., 93-0352 (La.App. 4 Cir. 3/29/94), 635 So.2d 343. Trial courts are vested with great discretion in determining the competence of an expert witness, and the rulings on the qualification of a witness as an expert will not be disturbed unless there was an abuse of discretion. State v. Trahan, 576 So.2d 1 (La. 1990).

Factors to be considered in evaluating the admissibility of expert testimony are whether a witness is qualified to express expert opinion; whether the facts upon which the expert relies are of the same type as relied upon by other experts in the field; whether in reaching his/her conclusion the expert used well-founded methodology; and, assuming the expert's testimony passes these tests, whether the testimony's potential for unfair prejudice substantially outweighs its probative value under relevant rules. La. C.E. arts. 702 and 704. Formal education in an area of expertise is not required for a witness to be qualified as an expert; experience alone may be enough. Adams v. Chevron, 589 So.2d at 1224.

The parties to this litigation and the trial court have misconstrued the relevant issues. The issue raised by this writ application does not concern whether DNA evidence is so novel that it is not admissible or relevant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Gerald West
Louisiana Court of Appeal, 2023
In re Barrois
243 So. 3d 122 (Louisiana Court of Appeal, 2018)
State v. Qutoum
839 So. 2d 323 (Louisiana Court of Appeal, 2003)
State v. Brauner
782 So. 2d 52 (Louisiana Court of Appeal, 2001)
State v. Coleman
756 So. 2d 1218 (Louisiana Court of Appeal, 2000)
PELTS & SKINS EXPORT v. State
735 So. 2d 116 (Louisiana Court of Appeal, 1999)
State v. Small
693 So. 2d 180 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
654 So. 2d 761, 1995 WL 217910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lewis-lactapp-1995.