GREGORY CHANDLER - EXCLUSION OF EXPERT WITNESSES

Often, during a jury trial, the issue of the exclusion of expert witnesses arises.  The exclusion of an expert witness is the issue in United States v. Olofson, 563 F. 3d 652 (7th Cir. 2009).  The appellate court affirmed a conviction for illegally transferring a machine gun, finding no abuse of discretion when the defendant's firearm expert was excluded from the courtroom during the testimony of the federal government's expert. 

The Seventh Circuit rejected the argument that merely because Federal Rule of Evidence 703 contemplates that an expert may render an opinion based on facts or data made known at trial necessarily means that an expert is exempt from a Federal Rule of Evidence 615 sequestration order.

GREGORY CHANDLER, Attorney at Law