Monday, April 24, 2023

Admissibility of Computer Re-creation

 Computer-generated re-creations which graphically depict disputed evidence “ must be based on scientific, identifiable, and objective facts.” Cox v. State, 849 So.2d 1257, 1273–74 (Miss.2003) (emphasis in original) (citing Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (2000); State v. Farner, 66 S.W.3d 188 (Tenn.2001); Pierce v. State, 718 So.2d 806 (Fla.Dist.Ct.App.1997)). Furthermore, any computer animation that is not based on accurate data or “actual, physical measurements” from the scene of the incident is mere speculation, Cox, 849 So.2d at 1273, for expert opinions are not admissible if “expressed in terms of mere possibilities,” West, 553 So.2d at 20. 

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