The so-called Daubert Trilogy (Daubert, Joiner, and Kumho) is made up of the following cases:
Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir. 1995)
GENERAL ELECTRIC CO. v. JOINER (96-188) 78 F.3d 524
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)
They, along with rule 702, Federal Rules of Evidence, significantly changed the landscape of expert testimony, especially in criminal cases, by changing the focus from the generally accepted standard to the requirement to show reliability. Even in states that still follow the Frye standard, Daubert issues are being used to challenge the weight of the evidence proffered. Clearly, the courts will continue to debate these issues as they try to define expert evidence. Readers are invited to weigh in on these issues.