The New Mexico Court of Appeals reversed the decision to exclude expert testimony and remanded the case back for a new trial.

Robert W. Abrams, a lawyer for Ms. Santiago, said he would file motions to exclude testimony by Nixzmary's siblings and evidence obtained through interviews with them.

The trial judge performs a "gatekeeping" role in excluding unreliable testimony.

Judge Colman also excluded testimony about that incident, saying it happened too long ago to be relevant.

State District Judge Manny Alvarez also rejected an attempt by a defense lawyer, Royce West, to exclude testimony relating to the report.

Should a judge be able to exclude scientific testimony that the judge deems unorthodox, say, because the theory has not been published in a scientific journal?

The effect of this standard was to exclude psychiatric and psychological testimony almost entirely from the legal process.

Although trial judges have always had the authority to exclude inappropriate testimony, prior to Daubert, trial courts often preferred to let juries hear evidence proffered by both sides.

The defense tried to exclude testimony from the two witnesses who claim they saw Timothy McVeigh rent the truck used in the bombing.

Judge Barbara S. Jones has excluded testimony on the paternity issue, ruling that it was irrelevant to the extortion case.