I have a murder trial where Defense is going to use "Heat of passion" and use an expert witness to testify as to that effect. Does anyone use a "counter expert"? Each case is fact specific, but what is everyone else seeing with these type cases?

So, there is someone who claims that by knowledge, skill, experience, training, or education that he is able to differentiate those things that "would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection." It does not seem to be a proper topic for expert opinion to me. All of the areas of concern expressed by the trial judge in Hernandez v. State, 127 S.W.3d 206 (Tex.App.—Houston [1st Dist] 2003)are present: (1) exactly what would the witness testify to as an "expert"; (2) is the testimony merely a way of presenting defendant's own self-serving statements without him taking the stand; (3) can anyone testify about another's state of mind; and (4) can the defendant show that the expert's testimony was reliable under the factors of Daubert. See also McGhee, No. 01-09-00147-CR (1/27/11).

THANKS!