Daubertâs reception at the state court level has been mixed. As precedent, Daubert is not binding on state courts, but the Frye rule that it replaced was also a federal pronouncement that, over time, found adoption in most state courts as the general standard for admissibility of scientific evidence.
A person commits misdemeanor assault by improperly causing someone else to suffer a âphysical injury.â The injury must have been caused either intentionally or recklessly. Misdemeanor assault can also occur if a person negligently (carelessly) injures someone else by using a deadly weapon or dangerous instrument.
(3) If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).