Clemons v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that evidence relevant to the admissibility of expert testimony “will usually be collateral to the substantive issues at trial”
• discussing the various studies released in 2002 that questioned the value of CBLA evidence and recommended further study of the issue
• describing studies and concluding that “the assumption that an ingot or vat of lead is homogenous as required for [CABL] to be valid is not generally accepted by the scientific community”
• “If the trial court determines that the test is admissible, on appellate review, this Court must independently apply the Frye-Reed test to the scientific techniques at issue.”
• issue of admissibility of scientific evidence preserved for appellate review pursuant to Watson when counsel stated grounds prior to voir dire examination of expert witness but did not restate them after examination was concluded
• “Based on the criticism of the processes and assumptions underlying [CABL], we determine that the trial court erred in admitting expert testimony based on [CABL] because of the lack of general acceptance of the process in the scientific community.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

49 cases in this archive cite this case; the 20 most cited are listed.

• Sissoko v. State
  Court of Special Appeals of Maryland· 2018-04-09· cited 680×
• Maryland v. Kulbicki
  Supreme Court· 2015-10-05· cited 135×
• United States v. Berry
  Ninth Circuit· 2010-10-22· cited 96×
• Blackwell v. Wyeth
  Court of Appeals of Maryland· 2009-05-07· cited 69×
• Exxon Mobil Corp. v. Albright
  Court of Appeals of Maryland· 2013-02-26· cited 69×
• United States v. Higgs
  Fourth Circuit· 2011-11-23· cited 61×
• State v. Beecroft
  Supreme Court of Minnesota· 2012-05-23· cited 58×
• State v. Baby
  Court of Appeals of Maryland· 2008-04-16· cited 50×
• Arrington v. State
  Court of Appeals of Maryland· 2009-11-17· cited 49×
• Rochkind v. Stevenson
  Court of Appeals of Maryland· 2020-08-28· cited 39×
• Thornton v. State
  Court of Appeals of Maryland· 2007-03-20· cited 38×
• Cottman v. State
  Court of Appeals of Maryland· 2006-12-08· cited 38×
• Montgomery Mutual Insurance v. Chesson
  Court of Appeals of Maryland· 2007-05-23· cited 34×
• Bryant v. State
  Court of Appeals of Maryland· 2006-06-05· cited 34×
• Taylor v. Fishkind
  Court of Special Appeals of Maryland· 2012-08-31· cited 25×
• Savage v. State
  Court of Appeals of Maryland· 2017-08-04· cited 22×
• McMillan v. State
  Court of Appeals of Maryland· 2012-08-24· cited 22×
• Washington v. State
  Court of Special Appeals of Maryland· 2010-01-29· cited 21×
• Washington v. State
  Court of Appeals of Maryland· 2008-12-12· cited 21×
• Markham v. State
  Court of Special Appeals of Maryland· 2009-11-25· cited 18×

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

• Daubert v. Merrell Dow Pharmaceuticals, Inc.
  Supreme Court· 1993-06-28· cited 21,376×
• Frye v. United States
  D.C. Circuit· 1923-12-03· cited 4,204×
• People v. Kelly
  California Supreme Court· 1976-05-28· cited 668×
• Dorsey v. State
  Court of Appeals of Maryland· 1976-01-09· cited 660×
• Reed v. State
  Court of Appeals of Maryland· 1978-09-06· cited 224×
• State v. Krummacher
  Oregon Supreme Court· 1974-06-27· cited 170×
• United States v. Cleophus Davis, Jr.
  Eighth Circuit· 1996-12-23· cited 157×
• Klauenberg v. State
  Court of Appeals of Maryland· 1999-08-25· cited 143×
• Oken v. State
  Court of Appeals of Maryland· 1992-09-17· cited 141×
• Stebbing v. State
  Court of Appeals of Maryland· 1984-04-16· cited 115×
• State v. Collins
  Court of Appeals of Maryland· 1983-09-08· cited 89×
• Commonwealth v. Daye
  Massachusetts Supreme Judicial Court· 1992-01-29· cited 89×
• Mitchell v. State
  Court of Appeals of Maryland· 2001-03-05· cited 57×
• Wilson v. State
  Court of Appeals of Maryland· 2002-08-05· cited 56×
• State v. Smullen
  Court of Appeals of Maryland· 2004-03-12· cited 52×
• B. SIFRIT v. State
  Court of Appeals of Maryland· 2004-08-27· cited 50×
• Reed v. State
  Court of Appeals of Maryland· 1999-04-21· cited 41×
• State v. Behn
  New Jersey Superior Court App Division· 2005-03-07· cited 38×
• Commonwealth v. Fisher
  Supreme Court of Pennsylvania· 2005-03-30· cited 35×
• Watson v. State
  Court of Appeals of Maryland· 1988-01-07· cited 32×