Expert testimony is often critical in these kinds of cases. What is the standard for admission of expert testimony in Rhode Island?
Rhode Island is at least nominally a Frye jurisdiction. See, State v. Dery, 545 A.2d 1014 (R.I. 1988). However, its version of the “general acceptance” test seems to incorporate many Daubert-like factors. See, e.g., State v. Wheeler, 496 A.2d 1382 (R.I. 1985). In addition, the Supreme Court has discussed Daubert at length, and with great approval without explicitly adopting it. DiPetrillo v. Dow Chemical Co., 729 A.2d 677 (R.I. 1999). Litigants could reasonably anticipate the Court would adopt Daubert if the appropriate case came before it.
