Thursday, October 6, 2011

Abuse of Discretion to Exclude Defense Expert on Eyewitness ID Pitfalls

Usually, I write about CCA cases and Scott Henson over at Grits for Breakfast provides a link to my post (if it is worth reading).  Today the roles are reversed.  He has written an accurate and insightful post on a recent CCA case (State v. Tillman) wherein the trial judge refused to allow a defense expert to testify regarding the inherent problems in eyewitness identification.  The CCA held that the trial judge abused his discretion.

As Grits puts it,
the opinion, authored by Judge Barbara Hervey, cited the host of false convictions based on faulty eyewitness identifications discovered through DNA exonerations, as well as a well-developed body of scientific research critiquing over-reliance on eyewitness identification errors.

I encourage you to check out his post HERE.