That's how Maryland's highest court chose to
characterize its gradual move from Frye to
Daubert - a drifting process. Like the way the ocean
drifts ashore as the tide is rising. Creeping a little higher, each
wave covering and absorbing a little more of the beach. As it
slowly inches toward your chair where you're trying to finish
the latest Erin Hildebrand summer must read. Maybe it picks up a
few new shells along the way, but it takes its sweet time reaching
its crest. Or, maybe we're just lamenting the end of summer.
Either way, we are happy to report that Maryland's slow drift
finally ended - it adopted Daubert.
In Rockhind v. Stevenson, 2020 WL 5085877 (Md. Ct.
App.), Maryland's highest court, in a 4-3 decision,
acknowledged that it was now joining the "supermajority"
of states to adopt the federal Daubert standard.
Id. at *2. So, where does that leave us in the tally? By
our count, 42 states (including the District of Columbia) have
adopted Daubert. Five
