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FLANAGAN v. STATE

No. 78923.

625 So.2d 827 (1993)

Dennis FLANAGAN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 25, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for respondent.

GRIMES, Justice.

Dennis Flanagan was convicted of sexually battering his mentally retarded nine year-old daughter, T.F. The First District Court of Appeal, sitting en banc, affirmed the conviction and certified the following questions as being of great public importance:

(1) IS EXPERT SCIENTIFIC TESTIMONY WHICH DOES NOT MEET THE TEST OF FRYE V. UNITED STATES, 293 F. 1013 (D.C. CIR. 1923) FOR ADMISSIBILITY...

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