I. PURE OPINION TESTIMONY IS NEVER THE SUBJECT OF A FRYE HEARING.
The opinion of the Estate’s experts are pure opinion testimony not subject to a Frye
. . . pure opinion testimony, such as an expert's opinion that a
defendant is incompetent, does not have to meet Frye, because this type of
testimony is based on the expert's personal experience and training. While
cloaked with the credibility of the expert, this testimony is analyzed by the jury as
it analyzes any other personal opinion or factual testimony by a witness. Profile
testimony, on the other hand, by its nature necessarily relies on some scientific
principle or test, which implies an infallibility not found in pure opinion
testimony. The jury will naturally assume that the scientific principles
underlying the expert's conclusion are valid. Accordingly, this type of testimony
must meet the Frye test, designed to ensure that the jury will not be misled by
experimental scientific methods which may ultimately prove to be unsound. See
Stokes, 548 So.2d at 193-94 ("[A] courtroom is not a laboratory, and as such it is
not the place to conduct scientific experiments. If the scientific community
considers a procedure or process unreliable for its own purposes, then the
procedure must be considered less reliable for courtroom use."). (Emphasis
Flanagan v. State, 625 So.2d 827 (Fla., 1993).
11 Q. Now, is there any objective evidence in
12 this case that you're relying upon?
13 A. Well, the objective evidence, the only
14 evidence I have to look at, are the photographs of
15 the bites.
16 Q. And what is the subjective evidence?
17 A. Subjective basically would be my opinions
18 which are derived from my observations of those
20 Q. Your opinions expressed in this case, are
21 they pure opinion -- pure opinions, meaning that
22 it's based upon your experience and education,
23 rather than some type of test that you created?
3 A. Well, let me make sure that we're all
4 taking about the same thing. What you seem to be
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