Prosecution May Not Call Defendant's Uncalled Experts, Says PA Supreme Court

According to AP reports, the Pennsylvania Supreme Court ruled on Tuesday that if a criminal defendant retains an expert but does not call him or her at trial, the prosecution may not call the expert itself. To allow prosecutors to do so would put defense counsel "in the unenviable position of independently investigating evidence that may exonerate their clients, while, at the same time, risking the creation of evidence against their clients," Chief Justice Ralph J. Cappy reportedly wrote. The opinion is not yet available online.

Update: The opinion in Commonwealth v. Kennedy is posted now.