Tuesday, August 10, 2004

New Decisions from Illinois, Texas

Courtesy of Dedman, we've posted a new Texas decision affirming the exclusion of rebuttal testimony from a treating physician as a sanction for failure to comply with disclosure requirements. See Moore v. Mem'l Hermann Hosp. Sys., Inc., No. 14-02-01147-CV (Tex. App. - Houston [14th Dist.] July 8, 2004, no pet. h.).

Courtesy of Petit, we've posted a new Illinois decision reversing the admission of hypnotically enhanced eyewitness testimony in a murder trial, and also reversing the exclusion of the defense expert who opined that hypnotically enhanced memories are unreliable. See People v. Sutton, No. 1-02-1280 (Ill. App. 1st Dist. Jun. 23, 2004).

0 Comments:

Post a Comment

<< Home

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.