Evidence-Wellborn SU2006 Outline

Maluegs intent without implicating any legal

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Unformatted text preview: exas: CHECK THIS OUT Criminal case matter of right, voir dire about the bases of the opinion, before the trial Civil case presumption is you don't need the voir dire because it is presumed that you already have a deposition of the expert's basis....so it's a matter of discretion. Opinions and Expert Testimony: Opinion on Ultimate Issue [FRE 704] FRE 704: Opinion on Ultimate Issue Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. Effect of otherwise admissible is to place pretty much all expert/opinion testimony under the standards of 701, 702, 703, and 705. No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trie...
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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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