This case study details one Daubert hearing from the initial motion to exclude through to the final opinion of the 1st Circuit Court of Appeals. The documents are listed below in chronological order. 

April 1, 2004

Initial Defense motion to exclude footwear evidence and expert testimony

April 23, 2004

Government’s response to the Defense motion to exclude

June 21, 2004

Written by the footwear examiner who did the case, this is a document supporting why and how footwear examinations meet the Daubert criteria

June 2004 

PowerPoint presentation given to the Court during the Daubert hearing explaining the methodology of footwear examination used and how footwear examinations meet the Daubert criteria

June 30, 2004

Post-hearing memo submitted by the defense in support of his motion to exclude

July 7, 2004

Post-hearing response submitted by the Government in support of footwear examinations

August 6, 2007

Opinion of the U.S. District Court admitting footwear expert testimony

October 28, 2005

Appeal brief submitted by the defense to the 1st Circuit Court of Appeals

February 17, 2006

Appeal brief submitted by the Government to the 1st Circuit Court of Appeals

July 5, 2006

Opinion of the 1st Circuit Court of Appeals upholding the decision of the District Court concluding that the District Court did not abuse its discretion in admitting the footwear impression expert testimony