Epstein Secrets

tted by Judge Furman in United States v. Dupigny, No. 18- Cr.-528 (JMF) (S.D.N.Y. 2019), Dkt. No. 198 at 27, by Judge Engelmayer in United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y. 2020), Dkt. No. 335 at 24-30, and by Judge Cote in United States v. Torres, No. 20-CR-608 (DLC), 2021 WL 1947503, at *7

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

States v. Mulder, 273 F.3d 91 (2d Cir. 2001) 12, 19 United States v. Mustaga, 753 F. App'x 22 (2d Cir. 2018) (summary order) 15 United States v. Randall, No. 19 Cr. 131 (PAE) (S.D.N.Y.) 9 United States v. Redwood, 216 F. Supp. 3d 890 (N.D. Ill. 2016) 27 United States v. Seltzer, 794 F.2d 1114 (6th

mony is simply an attempt to invade the province of the jury by putting a thumb on the scale in their assessment of witness credibility.6 See, e.g., Nimely, 414 F.3d at 398 ("[E]xpert opinions that constitute evaluations of witness credibility, even when such evaluations are rooted in scientific or tec

tted by Judge Furman in United States v. Dupigny, No. 18- Cr.-528 (JMF) (S.D.N.Y. 2019), Dkt. No. 198 at 27, by Judge Engelmayer in United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y. 2020), Dkt. No. 335 at 24-30, and by Judge Cote in United States v. Torres, No. 20-CR-608 (DLC), 2021 WL 1947503, at *7

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

tted by Judge Furman in United States v. Dupigny, No. 18- Cr.-528 (JMF) (S.D.N.Y. 2019), Dkt. No. 198 at 27, by Judge Engelmayer in United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y. 2020), Dkt. No. 335 at 24-30, and by Judge Cote in United States v. Torres, No. 20-CR-608 (DLC), 2021 WL 1947503, at *7

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

259, 263 (S.D.N.Y. 2019) (citing Daubers, 509 U.S. at 593-94). But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. Nimely v. City of New York, 414 F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert admissible under Daubers need rely on a method that confor

tted by Judge Furman in United States v. Dupigny, No. 18- Cr.-528 (JMF) (S.D.N.Y. 2019), Dkt. No. 198 at 27, by Judge Engelmayer in United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y. 2020), Dkt. No. 335 at 24-30, and by Judge Cote in United States v. Torres, No. 20-CR-608 (DLC), 2021 WL 1947503, at *7