Browning v. Liberty Mutual Insurance

How later courts describe this case

• reviving the contemporaneous objection rule for the penalty phase, as well as guilt phase of a capital trial
• ex-employee returned to restaurant, shot and killed two people, and injured another during course of an armed robbery
• defendant shot and killed two people, and injured two people during the course of an armed robbery
• Johns Hopkins algorithm used; applying test similar to that stated in Daubert and affirming trial court’s ruling of nonadmissibility based on unreliability of polygraphs
• ". . . we hold that we will no longer consider alleged errors occurring in the penalty phase of a capital trial absent a contemporaneous objection."
• contemporaneous objection rule will apply to penalty-phase errors as well as guilt-stage errors in capital cases heard after the date of decision
• “Under the FMLA, the employer’s duties are triggered when the employee provides enough information to put the employer on notice that the employee may be in need of FMLA leave.”
• to determine whether underlying science of expert's testimony is reliable, court will look at several factors, including: (1) publications and peer review of technique; (2) prior application of method to type of evidence involved in case; (3