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UNITED STATES v. DOWNING

No. 82-1766.

753 F.2d 1224 (1985)

UNITED STATES of America, Appellee, v. John W. DOWNING, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 25, 1985.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Peter F. Schenck (Argued), Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Brian E. Concannon (Argued), Concannon & Kudzma, Marshfield, Mass., for appellant.

Before GIBBONS and BECKER, Circuit Judges, and DUMBAULD, Senior District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents a question of first impression in this Circuit — whether Fed.R.Evid. 702 permits a defendant in a criminal prosecution to adduce, from an expert in the field of human perception and memory, testimony concerning the reliability of eyewitness identifications. The district court refused to admit the testimony of a psychologist offered by the defendant, apparently because the court believed...

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