SCIENTIFIC EVIDENCE AND EXPERT TESTIMONY
(LAW 878-001)
INTRODUCTION:
Scientific Evidence and Expert Testimony is a practical course designed to enrich students'
understanding of the interaction between the Federal Rules of Evidence and science in a trial setting.
Through a series of exercises, which simulate introduction of advanced scientific evidence and expert
witness examinations, students develop the skills to advocate for or against the admissibility of
evidence at trial and for or against the position that the evidence has persuasive power. In addition to
these trial simulation exercises, the course will have an instructional component which includes
presentations by guest lecturers who are specialists in various scientific fields such as toxicology,
digital information, and DNA evidence.
The trial simulation exercises, which will be followed by instructor critiques, will introduce students
to particular scientific disciplines and technologies and their role in trial. Students will master laying
foundations for various types of scientific and expert evidence, making evidentiary proffers,
qualifying expert witnesses and objecting to the admissibility of such evidence. Students will gain
an appreciation of the evidentiary skills needed to be a successful advocate at trial, especially within
the crucial area of scientific evidence and expert testimony. Additionally, students will prepare
their own witnesses to testify, learn how evidentiary rules can be used both strategically and
tactically and reconcile any ethical issues in discovery.
INSTRUCTORS:
Professor Lisa R. Kreeger-Norman, J.D.
United States Air Force Special Victims Counsel
1500 W. Perimeter Rd., Ste 3750
Joint Base Andrews, MD 20762
(678)314-8037
lrkreeger@aol.com
Professor Andrea L. Moseley, J.D.
Partner, DiMuroGinsberg P.C.
1101 King St., Suite. 610
Alexandria, VA 22314
703-684-4333
AMoseley@dimuro.com
www.dimuro.com
COURSE REQUIREMENTS:
Prerequisite:
Class Size:
Number of Credits:
Evidence (LAW-633)
14 Students
3 credit hours (Wednesdays, 6:00 - 8:40pm)
COURSE STRUCTURE:
A substantial amount of out-of-class preparation is required for in-class exercises.
Grading is based on following:
Oral arguments and examinations
Written motions and discovery letter
Exam
70%
15%
15%
COURSE MATERIALS:
All course materials will be provided electronically through MyWCL.
Date
Topic
Assignment
Aug 27
Introduction
Reading for Aug 27 class - MyWCL
Class 1
Class Outline and
Expectations

Affidavit in Support of Arrest Warrant in United States
v. Seth Tebow
Nature and Purpose of
Expert Opinion Evidence

Lab Reports posted on MyWCL

FRE - 701-706
Quality control in Forensic
Science

Federal Rule of Criminal Procedure 16
How to read a Lab Report

Nature & Purpose of Expert Testimony (PPT)
U.S. v Tebow
Case affidavit
Case lab reports
Sept 3
Admissibility of Scientific
Evidence
Class 2
Persuasive Motions and
Argument
Discuss Daubert Motions
and Daubert Exercise
Reading for Sept 3 class - MyWCL

Daubert v. Merrell Dow Pharmaceutical, 509 U.S. 579
(1993)

General Electric Co V Joiner, 522 US 136 (1997)

Kumho Tire v. Carmichael, et.al., 526 U.S. 137 (1999)

Expert Testimony: Admissibility
Reading for Sept 10 - MyWCL

“Persuasively Arguing a Motion or Response”

Maryland v Rose, Memorandum Decision

US v Llera Plaza I 179 F. Supp.2d 492 (E.D. Pa. 2002)
 D.H. Kaye, The NonScience of Fingerprinting: U.S. v
RECEIVE ASSIGNMENT
Llera-Plaza, presented at the Association of American
OF TEAMS AND
Law Schools Conference on Evidence, Washington
TOPICS FOR WRITTEN
D.C., June
MOTIONS AND
ARGUMENT UNDER
DAUBERT
Assignment for Sept 10:
Write Motion to Admit or Exclude Testimony under Daubert.
Daubert Argument Presentation
Sept 10
Class 3
Sept 17
Argue Motion to Admit
or Exclude Evidence in
accordance with Daubert
Constitutional obligations
regarding discovery
Class 4
Federal Rule of Criminal
Procedure 16
Due Sep 10: Written Motion to Admit or Exclude
Reading for Sep 17 - MyWCL:

Brady v. Maryland, 373 U.S. 83 (1963)

Kyles v. Whitley, 514 U.S. 419 (1995)

US v George, 786 F. Supp 11 (DC Dist Ct, 1991)

Federal Rule of Criminal Procedure 16

“A Review of the FBI’s Handling of the Brandon
Mayfield Case”
Reading for Sept 24 - MyWCL:

Review sample Motion to Compel Discovery posted
on myWCL

“Preparation”
Discovery Letters and
Follow Up Requests
Compel Discovery
Assignment for Sept 24:
Bias
Write Motion to Compel Discovery and be prepared to make
argument in support thereof.
RECEIVE ASSIGNMENT
OF TEAMS AND
TOPICS FOR MOTIONS
TO COMPEL IN
DISCOVERY
Sept 24
Class 5
Argue Motions to
Compel
Due: Motion to Compel Discovery
Reading for Oct 1 - MyWCL:

Greg Norman Resume

Defense Experts Resumes
Oct 1
Guest lecturer Greg
Norman
Class 6
Reading for Oct 8 - MyWCL:

Expert Interviews
“Trial Advocacy”: Chapter 11 - Experts: Yours and
Theirs
Oct 8
Guest Lecturer - DNA
Class 7
Introduction to Qualifying
Expert Witnesses and
Laying Proper Foundation
Assignment Oct 15 & Oct 22:
Voir Dire of your Witness
and Challenging
Qualifications
½ class presents exercise on Oct 22
Reading for Oct 15 - MyWCL:
½ class presents exercise on Oct 15 and
Attendance is mandatory for both presenters and
non-presenters
RECEIVE
ASSIGNMENTS FOR
TEAMS AND TOPICS
FOR QUALIFICATION
AND VOIR DIRE
EXERCISE
Oct 15
½ class presents
Class 8
Qualifications and Voir
Dire Exercise
Oct 22
½ class presents
Class 9
Qualifications and Voir
Dire Exercise
ID/ Discovery “Forensics
You Decide” Video
Class 10
Guest Lecturer Defense
Expert: Statistics,
Probability Statements,
Databases
Nov 5
Expert Interviews
Class 11
Latent Prints
Oct 29
DNA
Reading for Nov 12:

“Expert Testimony”: Chapter Five - Direct
Examination

“Cross Examination the Basics”

“Cross Examination What to Expect”

“Cross Examination How to Cope”
Assignment for Nov 12: Expert Witness Disclosure Letter
Nov 12
How to conduct Direct
Examination of Expert
Class 12
How to conduct Cross
Examination of an Expert
Witness
REVIEW TEAM AND
TOPIC ASSIGNMENTS
FOR DIRECT AND
CROSS
EXAMINATIONS
Nov 19
Direct and Cross of
Expert Witnesses
Class 13
Nov 26
NO CLASS
Dec 3
FINAL EXAM
Class 14
Due Nov 12: Expert Witness Disclosure Letter