Tag Archives: Harmless Error

There Is No “On-The-Job” Exception to Expert Witness Qualification Under Fed. R. Evid. 702, Holds the Ninth Circuit

In United States v. Holmes, No. 22-10312 (9th Cir. Feb. 24, 2025), the Theranos/Elizabeth Holmes fraud prosecution, the Ninth Circuit affirms the convictions and sentences. It acknowledges the defense argument that a former Theranos scientist should not have been allowed to offer Fed. R. Evid. 702 expert testimony as an occurrence witness, without being qualified,Continue reading “There Is No “On-The-Job” Exception to Expert Witness Qualification Under Fed. R. Evid. 702, Holds the Ninth Circuit”

Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit

In United States v. Johnson, No. 22-1289 (2d Cir. Sept. 6, 2024), while that panel agrees that the district court erred under Federal Rule of Criminal Procedure 23(b) by allowing the case to go to deliberation with just eleven jurors, it splits over the impact of the error. The panel majority holds that the ruleContinue reading “Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit”