Evidence-Wellborn SU2006 Outline

Horster whether in his opinion had capacity to make a

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Unformatted text preview: r of fact alone. Texas Rule: Texas dos not adopt the provision that an expert may not testify as to the mental state or condition of an accused constituting an element of the crime charged or defense thereto. 704(a) Need to distinguish between a "fact" conclusion an ultimate "legal conclusion": Cannot track the language of the applicable statute Examples of opinions excluded: D was "negligent" D committed fraud Testimony phrased in legal standards imposed by American with disabilities act. But is a fine line, sometimes courts will let in stuff (ex: "deliberate indifference") that other courts won't only going to be reversed in light of a clear abuse of discretion. 704(b): ONLY IN FEDERAL RULES Expert cannot state an opinion with respect to the mental state of condition of a defendant in a criminal case Experts however, remain free to testify that the accused does or does not suffer from a mental disease or defect and to describe the characteristics and effects of such a dise...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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