context: Defendants maintain that we should join those circuits that have held that this testimony now is sufficiently reliable in general to go to the jury, but which decide on the particular facts of the case whether or not to admit the evidence.
citation_a.signal: see
citation_a.parenthetical: although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury
citation_a.sentence: See, e.g., United States v. Moore, 786 F.2d 1308, 1311-13 (5th Cir.), reh’g denied, 791 F.2d 928 (5th Cir.1986) (en banc) (although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury); United States v. Downing, 753 F.2d 1224, 1242-43 (3d Cir.1985) (even if the admission of this testimony otherwise satisfies Rule 702 (which should be determined after an on-the-record detailed proffer), it still can be excluded under Rule 403); United States v. Smith, 736 F.2d 1103 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984) (although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury; however, exclusion of this testimony in this case was harmless error); but see United States v. Christophe, 833 F.2d 1296 (9th Cir.1987) (adheres to view that this type of testimony is unreliable).
citation_b.signal: but see
citation_b.parenthetical: adheres to view that this type of testimony is unreliable
citation_b.sentence: See, e.g., United States v. Moore, 786 F.2d 1308, 1311-13 (5th Cir.), reh’g denied, 791 F.2d 928 (5th Cir.1986) (en banc) (although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury); United States v. Downing, 753 F.2d 1224, 1242-43 (3d Cir.1985) (even if the admission of this testimony otherwise satisfies Rule 702 (which should be determined after an on-the-record detailed proffer), it still can be excluded under Rule 403); United States v. Smith, 736 F.2d 1103 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984) (although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury; however, exclusion of this testimony in this case was harmless error); but see United States v. Christophe, 833 F.2d 1296 (9th Cir.1987) (adheres to view that this type of testimony is unreliable).