This section contains the nature of the case and procedural background.

Hines (D) was charged with robbing a bank. The principal evidence consisted of the eyewitness identification by a teller who was robbed and the handwriting analysis of the robbery note. The government offered Harrison from the FBI to testify as to the authorship of the stick-up note found at the crime scene. D sought to exclude that evidence in that such evidence does not meet Daubert and Kumho. If the court did not agree, then D also sought to have an expert testify as to the weakness of the methodology. D also sought to have evidence of an expert entered into court under the psychology of eyewitness identification under Daubert/Kumho. The first and second trials ended in a hung jury. A third trial was planned.

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