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Feb 26, 1997 · Defendant David Frye was convicted by a jury on three counts of armed robbery and one count of armed burglary with assault or battery. The trial court sentenced Frye to twenty-five years in state prison, with a fifteen-year mandatory minimum term as a habitual violent offender and a three-year mandatory minimum for possession of a firearm on ...
Jan 7, 2019 · Historically, Florida Courts have employed the Frye standard. However, in 2013, the Florida legislature enacted the “ Daubert Amendment” to the Florida Evidence Code, amending sections 90.702 and 90.704 of the Code.
Oct 25, 2018 · After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts.
Aug 19, 2024 · But when reviewed by the state’s highest court, the Florida Supreme Court reaffirmed that Frye is the governing standard in Florida courts, holding that the Daubert amendment to the Code infringes upon the Court’s rulemaking authority.
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May 29, 2019 · On its own authority, the Florida Supreme Court has revisited and reversed its 2017 opinion and approved using the “Daubert” standard in the procedural evidence rules to qualify expert testimony and witnesses in trials.
Under Florida law, Frye is not applicable to all expert testimony. One area carved out by the Supreme Court as not falling within the ambit of Frye is so-called “pure opinion testimony.”
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Feb 2, 2012 · The pure opinion exception provides that if the expert’s opinion relies only on the expert’s personal experience and training, the testimony is admissible without being subject to Florida’s Frye analysis. No reliability determination is required, and pure opinion is presumptively admissible.
