McKinzey, R. K. & Ziegler, T., (1999). Challenging a flexible neuropsychological battery under Kelly/Frye: A case study. Behavioral Sciences & the Law, 17, 543-551.

The ability of the flexible neuropsychological battery approach to withstand a challenge under California's evidentiary standard, Kelly/Frye, was tested in an actual trial. Despite repeating many criticisms offered by the literature (e.g., no malingering measures, unknown accuracy rates, ignoring statistical limitations, not using age norms), the battery was allowed in "for the weight of the evidence," rather than being excluded as unreliable.

McKinzey & Ziegler 1999

A related case decision:

Shelby Baxter v Charles & Kelly Temple (Merrimack Co., NH, Superior Court 2005).

In a NH personal injury case, a flexible neuropsychological battery was subjected to a Daubert evidentiary challenge. The judge excluded it, citing the inherent untestability and therefore unknown error rates. He also cited the expert's violation of standardized administration, which invalidated the results. (Editor's abstract)

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