context: . Decisions from other circuits also evince a trend toward allowing eyewitness expert testimony.
citation_a.signal: no signal
citation_a.identifier: 995 F.2d 532, 534-35
citation_a.parenthetical: recognizing a "trend in recent years to allow such testimony" and collecting cases in which such testimony was allowed in cases involving "cross-racial identification, identification after a long delay, identification after observation under stress, and psychological phenomena as the feedback factor and unconscious transference"
citation_a.sentence: Compare United States v. Amaral, 488 F.2d 1148 (9th Cir.1973) (affirming refusal to admit testimony of psychological experts in the field of eyewitness identification), United States v. Brown, 501 F.2d 146 (9th Cir.1974) (same), United States v. Brown, 540 F.2d 1048 (10th Cir.1976) (same), and United States v. Thevis, 665 F.2d 616, 641 (5th Cir.1982), with United States v. Brownlee, 454 F.3d 131, 140-44 (3d Cir.2006) (reversible error to exclude expert testimony explaining problems inherent in stranger-to-stranger eyewitness identifications, finding that "expert testimony was the only method of imparting confidence in erroneous identifications”); United States v. Mathis, 264 F.3d 321, 340-42 (3d Cir.2001) (finding an abuse of discretion where district court excluded expert testimony on eyewitness identification and rejecting government's argument that the jury did not need an expert be aware of such factors); United States v, Harris, 995 F.2d 532, 534-35 (4th Cir.1993) (recognizing a "trend in recent years to allow such testimony” and collecting cases in which such testimony was allowed in cases involving "cross-racial identification, identification after a long delay, identification after observation under stress, and psychological phenomena as the feedback factor and unconscious transference”); cf. United States v. Rodriguez-Felix, 450 F.3d 1117, 1125 (10th Cir.2006) (affirming district court’s exclusion testimony from eyewitness identification expert where expert’s report was deemed "woefully inadequate,” but noting that "an expert’s testimony describing how certain factors, falling outside a typical juror’s experience, may affect a eyewitness's identification is the very type of scientific knowledge to which Daubert’s relevance prong is addressed”); but see United States v. Lespier, 725 F.3d 437, 449 (4th Cir.2013) (“[W]e agree with the government that, in the typical case, the effects of sleep deprivation, like problems with eyewitness identifications, are readily comprehended by jurors and do not require an expert for their explanation.”).
citation_b.signal: cf.
citation_b.identifier: 450 F.3d 1117, 1125
citation_b.parenthetical: affirming district court's exclusion testimony from eyewitness identification expert where expert's report was deemed "woefully inadequate," but noting that "an expert's testimony describing how certain factors, falling outside a typical juror's experience, may affect a eyewitness's identification is the very type of scientific knowledge to which Daubert's relevance prong is addressed"
citation_b.sentence: Compare United States v. Amaral, 488 F.2d 1148 (9th Cir.1973) (affirming refusal to admit testimony of psychological experts in the field of eyewitness identification), United States v. Brown, 501 F.2d 146 (9th Cir.1974) (same), United States v. Brown, 540 F.2d 1048 (10th Cir.1976) (same), and United States v. Thevis, 665 F.2d 616, 641 (5th Cir.1982), with United States v. Brownlee, 454 F.3d 131, 140-44 (3d Cir.2006) (reversible error to exclude expert testimony explaining problems inherent in stranger-to-stranger eyewitness identifications, finding that "expert testimony was the only method of imparting confidence in erroneous identifications”); United States v. Mathis, 264 F.3d 321, 340-42 (3d Cir.2001) (finding an abuse of discretion where district court excluded expert testimony on eyewitness identification and rejecting government's argument that the jury did not need an expert be aware of such factors); United States v, Harris, 995 F.2d 532, 534-35 (4th Cir.1993) (recognizing a "trend in recent years to allow such testimony” and collecting cases in which such testimony was allowed in cases involving "cross-racial identification, identification after a long delay, identification after observation under stress, and psychological phenomena as the feedback factor and unconscious transference”); cf. United States v. Rodriguez-Felix, 450 F.3d 1117, 1125 (10th Cir.2006) (affirming district court’s exclusion testimony from eyewitness identification expert where expert’s report was deemed "woefully inadequate,” but noting that "an expert’s testimony describing how certain factors, falling outside a typical juror’s experience, may affect a eyewitness's identification is the very type of scientific knowledge to which Daubert’s relevance prong is addressed”); but see United States v. Lespier, 725 F.3d 437, 449 (4th Cir.2013) (“[W]e agree with the government that, in the typical case, the effects of sleep deprivation, like problems with eyewitness identifications, are readily comprehended by jurors and do not require an expert for their explanation.”).