Daubert Standard -


In 1993, in State v. Foret, 628 So. 2d 1116 (La. 1993), the Louisiana Supreme Court adopted Daubert’s principles for the admission of expert testimony under La. Code. Evid. 702. Below is a quote from 49 LYLR 79

An analysis of Louisiana reported decisions reveals that Louisiana courts have largely used three approaches when determining the admissibility of expert testimony. The approach taken differs depending on the whether the expert testimony introduced is based on scientific knowledge, technical or *98 specialized knowledge, or whether the expert’s experience alone is the basis of the expert’s reliability. First, in examining the admissibility of the testimony of scientific experts, Louisiana courts have for the most part consistently applied the Daubert reliability factors. This approach is illustrated by the courts’ analysis of DNA evidence.113 Second, when Louisiana courts examine the testimony of non-scientific experts whose opinions are based in part on a methodology, such as experts in accident reconstruction or safety experts, the courts occasionally concentrate on the expert’s experience, knowledge, and relevant reliability factors. On other occasions, the courts relied solely on the expert’s qualifications and experience in making the reliability determination. Finally, when the expert’s experience alone is the basis of the expert’s reliability, Louisiana courts generally do not consider any reliability factors at all. The admissibility of the testimony of experienced narcotics officers is an example of this approach. This section of the article discusses these various approaches.