Friday, September 15, 2006

Texas Court of Criminal Appeals Holds That Probation Officers May Opine at Sentencing on Defendant's Suitability for Supervised Release

In a decision handed down Wednesday, the Texas Court of Criminal Appeals has held that probation officers may offer opinions, at sentencing, on the defendant's suitability for supervised release. Such testimony is relevant to the jury's sentencing recommendations, the court held. It may constitute lay opinion, expert testimony, or elements of both, the court's opinion suggests. See Ellison v. State, No. PD-8673-05 (Tex. Crim. App. Sept. 13, 2006).

posted by pn at 6:49 AM  

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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.