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Daubert Test – Admission of Evidence

By: Derek Hawkins//December 13, 2016//

Daubert Test – Admission of Evidence

By: Derek Hawkins//December 13, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. David Lewisbey

Case No.: 14-2236

Officials: POSNER, RIPPLE, and SYKES, Circuit Judges.

Focus: Daubert Test – Admission of Evidence

David Lewisbey was a Chicagobased gunrunner who used a fake Indiana I.D. to buy guns at Indiana gun shows and bring them back to Illinois to sell. He came to the attention of law enforcement when he bragged about his gunrunning exploits on Facebook. Federal agents set up a sting, and Lewisbey was arrested and charged with multiple counts of unlawfully transporting and dealing firearms. A jury convicted him on all counts. Lewisbey now argues that his attorney was operating under a conflict of interest in violation of his Sixth Amendment right to conflict-free counsel. He also challenges the admission of incriminating text-message and Facebook evidence at trial. Finally, he claims that the testimony of the government’s cell-phone location expert did not satisfy the requirements of Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). We reject these arguments and affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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