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Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony
Loaded on Dec. 1, 2021
by Douglas Ankney
published in Prison Legal News
December, 2021, page 42
Filed under:
Expert and Opinion Testimony.
Location:
Arkansas.
by Douglas Ankney
The U.S. Court of Appeals for the Eighth Circuit agreed with Plaintiff Craig Shipp that a district court erred when it failed to rely on federal law in determining the admissibility of the testimony of Shipp’s expert, but in this case the error was harmless.
…
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More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
- $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
- Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
- Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
- Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
- How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
- BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
- Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
- Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
- HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
- Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
- Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
- Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
- Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
- California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
- Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
- History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
- Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
- Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
- $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
- Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
- $170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC, by Jayson Hawkins
- Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner, by Keith Sanders
- Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
- New Jersey Women’s Prison to Close After Latest Abuse Debacle, by Jayson Hawkins
- Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
- Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies, by Matthew Clarke
- ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
- Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
- Seven Ohio Guards Fired After Killing Prisoner, No Criminal Charges
- Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense, by David Reutter
- Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted, by Jayson Hawkins
- Forty-One Oregon Prisoner Firefighters have Sentences Commuted
- News in Brief
More from Douglas Ankney:
- Barbaric and Deadly Conditions Continue to Plague Los Angeles County Jails, Feb. 1, 2026
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026
- Competency Crisis in Missouri’s Jails, Feb. 1, 2026
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026
- Report on “Pay-to-Stay” Fees Makes Strong Case for Their Repeal, Jan. 1, 2026
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026
More from these topics:
- Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted, Jan. 1, 2026. witness misidentification, Eyewitness Testimony, Lineups, Eyewitness Identification, Expert and Opinion Testimony.
- New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye, Dec. 15, 2025. Brain Injury, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Fourth Circuit Affirms Dismissal of Claims Against North Carolina Prison Doctor by Prisoner Nearly Killed by Avian Flu, Dec. 1, 2025. Systemic Medical Neglect, Contagious Disease -- Misc., Judgment as a Matter of Law, Expert and Opinion Testimony, Deliberate Indifference.
- Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona, Oct. 15, 2025. Forensic Sciences, Testimonial Statements, Crime Lab Reports, Hearsay Evidence, Expert and Opinion Testimony.
- New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, Feb. 15, 2024. Cell-Phone Location/Tracking Data, Application, Opinions and Expert Testimony, Expert and Opinion Testimony.
- The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert?, Aug. 1, 2023. Death Penalty/Death Row, Daubert Standards, Expert and Opinion Testimony, Witnesses - Prior Statements/Testimony.
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, March 15, 2021. Cell-Site-Location Records, Expert and Opinion Testimony.
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, March 15, 2021. Expert Witnesses, Expert and Opinion Testimony.
- Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony, Dec. 15, 2020. Reliability of Evidence/Testimony, Expert and Opinion Testimony.

