Tennessee High Court Upholds Exclusion of Attorney Testimony on Ineffective Assistance
The Supreme Court of Tennessee has upheld the exclusion of expert testimony from an attorney who sought to opine, in post-conviction proceedings, that the petitioner received ineffective assistance from counsel at trial. See Howell v. State, No. E2003-01469-SC-R11-PC (Tenn. Mar. 16, 2006).
Tennessee follows a more stringent variant of Fed. R. Evid. 702. Under Tennessee's version, expert testimony must "substantially" assist the trier of fact. The trial judge had ten years of experience as a criminal defense attorney and twenty-five years as a criminal court judge. The high court agreed with his assessment that he didn't need the help.
Tennessee follows a more stringent variant of Fed. R. Evid. 702. Under Tennessee's version, expert testimony must "substantially" assist the trier of fact. The trial judge had ten years of experience as a criminal defense attorney and twenty-five years as a criminal court judge. The high court agreed with his assessment that he didn't need the help.
posted by pn at 3:34 PM
1 Comments:
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