UNITED STATES V. HINES
55 F.Supp.2d 62 (1999)
NATURE OF THE CASE: This is a dispute over the status of handwriting analysis and the
psychology of eyewitness identification as a science under Daubert/Kumho.
FACTS: Hines (D) was charged with robbing a bank. The principal evidence consisted of the
eyewitness identification by a teller who was robbed and the handwriting analysis of the
robbery note. The government offered Harrison from the FBI to testify as to the authorship
of the stick-up note found at the crime scene. D sought to exclude that evidence in that
such evidence does not meet Daubert and Kumho. If the court did not agree, then D also
sought to have an expert testify at to the weakness of the methodology. D also sought to
have evidence of an expert entered into court under the psychology of eyewitness
identification under Daubert/Kumho. The first and second trials ended in a hung jury. A
third trial was planned.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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