State v. Olenowski, 253 N.J. 133 (2023)


Aidan P. O'Connor argued before the New Jersey Supreme Court on behalf of amicus curiae ACDL-NJ that the "false positive" rates of error associated with Drug Recognition Expert render such testimony unreliable and inadmissible. Moreover, ACDL-NJ joined the party and other amici in arguing that the Daubert standard for admission of scientific testimony better ensures the introduction of only truly reliable testimony, and that this standard should be adopted in New Jersey's criminal trial courts. After remanding the case for a hearing in front of a Special Master, the Court agreed with ACDL-NJ, other parties, and the defendant. In a landmark opinion, the Court adopted the Daubert test for the admissibility of scientific evidence state-wide going forward. Marc Yenicag co-authored the brief.

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