“The judge must rule on any Daubert challenge (i.e., an expert witness must be qualified to render his or her opinion; it is intended to prevent the trial from turning into a mockery).”
So, the Judge ruling the person is an expert prevents the Prosecutor from having the expert witness testimony excluded from the trial?
Is this correct thinking?
“So, the Judge ruling the person is an expert prevents the Prosecutor from having the expert witness testimony excluded from the trial? Is this correct thinking?”
If the judge allows someone as an expert witness, he or she can testify (in court or via deposition), as long as the testimony comports with the witness’ qualification on the subject at hand. The prosecutor can always move to have that testimony stricken, but such a motion must be based on sound law.