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Qwested

By Melody Evans and Kirk Redmond

On Monday, the Tenth Circuit reversed the conviction of a Qwest exec convicted of insider trading because the trial court excluded defense expert testimony, in a rather abrupt and ungracious manner. Prof Ellen Podger at White Collar Crime Prof Blog has this excellent summary here, and includes these two notes:The court notes the difference between civil and criminal cases - "Unlike under the civil rules, an expert in a criminal case is not required to present and disclose an expert report in advance of testimony."And my favorite line from this decision - "Armchair economics is not the way to decide complex securities cases."Good language from Judge McConnell on the due process right to present a defense and Daubert.

Full post as published by Kansas Federal Defender on March 21, 2008 (boomark / email).