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?
Posts: 106 | Location: Kingsville, Texas, USA | Registered: July 19, 2011
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).