May Rule 403 restrict or even lead to the exclusion of expert testimony that passes the Frye test? The answer is "maybe," and advice from "down under" in Australia suggests that rule as a potent tool.
"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed ...
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