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U.S. v. SMITH

Criminal Action No. 07cr165.

621 F.Supp.2d 1207 (2009)

UNITED STATES of America v. Andreas Jejuan SMITH.

United States District Court, M.D. Alabama, Northern Division.

May 26, 2009.

Attorney(s) appearing for the Case

Kevin L. Butler, Christine Ann Freeman, Aylia McKee, Federal Defenders, Middle District of Alabama, Richard Kelly Keith, Keith & Dubin, P.C., Montgomery, AL, for Andreas JeJuan Smith.

Jerusha Tatiana Adams, Louis V. Franklin, Sr., Tommie Brown Hardwick, U.S. Attorney's Office, Montgomery, AL, for United States of America.

OPINION

MYRON H. THOMPSON, District Judge.

At trial, the United States moved to exclude the testimony of Dr. Sol Fulero, whom defendant Andreas JeJuan Smith offered as an expert on eyewitness identifications generally and cross-racial identifications in particular. The government relied on two evidentiary rules to exclude this testimony. First, it asserted that the testimony violated Fed.R.Evid. 702. Second...

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