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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
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- Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
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- 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
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- News in Brief
More from Douglas Ankney:
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026
More from these topics:
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Fingerprint Evidence, Expert and Opinion Testimony.
- Oregon Supreme Court Announces Witness Competency Under OEC 601 Depends on General Capacity to Be a Witness, Not Ability to Recall a Specific Fact, July 1, 2026. Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Competency, Scientific Testimony or Evidence, Witnesses - Examination of.
- Murder Convictions Tossed for Three Pennsylvania Prisoners After 28 Years, June 1, 2026. Wrongful Conviction, witness misidentification, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony.
- Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
- New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, May 1, 2026. Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence, April 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- New Study Exposes Reliability Gap in Traditional Time-of-Death Methods, April 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process.
- When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA”, Feb. 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.

