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United States v. Downing

753 F.2d 1224 (1985)

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United States v. Downing

United States Court of Appeals for the Third Circuit
753 F.2d 1224 (1985)

JC

Facts

John Downing (defendant) was indicted for mail fraud, wire fraud, and interstate transmission of stolen property. The crimes were allegedly committed as part of a scheme in which Downing posed as Reverend Claymore. The major issue at Downing’s trial was his identification as Reverend Claymore. Twelve eyewitnesses were to testify regarding their experiences with the man known as Reverend Claymore. Downing sought to introduce expert testimony regarding the unreliability of eyewitness testimony. The trial court refused to allow a psychologist, Dr. Robert Weisberg, to testify on eyewitness reliability. The basis for the ruling was that the legitimacy of eyewitness testimony was a matter within the trier of fact’s purview and that Weisberg’s testimony would have been outside standards of acceptance within the scientific community. Downing was then convicted and appealed regarding Dr. Weisberg being barred from testifying. Central to the appeal was whether application of the Frye test correctly barred Dr. Weisberg from testifying.

Rule of Law

Issue

Holding and Reasoning (Becker, J.)

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