United States v. Johnson
United States Court of Appeals for the Fifth Circuit
575 F.2d 1347 (5th Cir. 1978), cert. denied, 440 U.S. 907 (1979)
Six defendants were charged with dealing marijuana allegedly imported from Colombia. The prosecution called John de Pianelli, who had helped the defendants' smuggling operation and had smoked marijuana over 1,000 times, to testify as an expert that the marijuana came from Colombia. De Pianelli said he had been asked to identify marijuana over 100 times without ever being wrong, basing his identification on appearance, smell, and effect. Defendants objected to his qualification as an expert, but the trial court allowed the testimony, and the defendants were convicted and appealed.
Whether a witness is qualified as an expert when the subject is beyond a layperson's knowledge and the witness's expertise comes from experience rather than formal training or education.