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EVIDENCE, EXPERT TESTIMONY
Bandy, Jason L. v. State, COCA Case No.
S-2007-1212 (August 6, 2008)
(State Appeals; Evidence, Expert Testimony) Trial court’s suppression of results
of DUI blood test affirmed because it was not done pursuant to statutory
provisions. State appeal failed to show that suppressed evidence formed a
substantial part of the proof of case against defendant for negligent homicide.
Brown, Tony Carnell v. State, COCA Case No.
F-2007-987 (October 10, 2008)
(Jury Instructions, Lesser Offenses; Evidence, Expert Testimony) Trial court
should have given lesser included offense instructions. Error for State’s
witness to testify that based on neurolinguistic training, the defendant lied in
his statement. Reversed and remanded for new trial.
Causey, Charles v. State, COCA Case No.
F-2006-991 (June 29, 2007)
(Evidence, Sufficiency; Evidence, Expert Testimony) Lewd Molestation case
reversed and remanded for new trial because "trial court erred in failing to
make a record of any hearing on the admissibility of any out-of-court statements
by the minor victim, including a finding that the statements were reliable and
trustworthy...," and because the State’s expert erred when she stated the victim
was telling the truth.
Chambers, Dale Anthony v. State, COCA Case No.
F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report
generated by members of multi-disciplinary team was prepared for
use in a criminal trial, and "falls under the category of testimonial evidence
subject to the confrontation clause." Admission of the report violated 6th
Amendment unless declarants were unavailable or defense had prior opportunity to
cross examine the non-testifying witnesses.
Crider, Benjamin,
F-1999-1422,
Oct. 11, 2001
(Evidence, Expert Testimony, Bitemark, luminol)
Grieves, William,
F-1999-589,
May 24, 2000
(Evidence, Expert Witness, vouching for credibility of child witness;
reliability hearing for child victim)
Lamb, Oscar Lee v. State, COCA Case No.
F-2002-1370, (December 2, 2003)
(Evidence - Expert Testimony) Admission of expert testimony regarding
truthfulness of victim was plain error. Two counts of rape by instrumentation
reversed for new trial.
Ray, Gene Paul v. State, COCA Case No. F-2001-338,
(September 6, 2002)
(Evidence - Expert Testimony; Evidence - Vouching; Evidence - Other Crimes.
) Trial Court committed reversible error when it allowed a Special Advocate to
prosecute Appellant; admitted evidence regarding "Child Accommodation
Syndrome" was misused; the State bolstered alleged child victims' testimony
by first presenting hearsay testimony of their parents; and when it allowed the
State to improperly impeach the Appellant. Reversed and remanded for new trial.
Resendez, Robert,
F-1998-921,
Sept. 17, 1999
(Evidence, Expert Testimony, vouching for truthfulness of prosecutrix)
Rowan, Jeffrey Eugene v. State, COCA Case No.
F-2009-385 (June 3, 2011)
(Evidence, Expert Testimony) Newly discovered evidence that SANE nurse had
lost her license due to prescription drug abuse (occurring at time nurse
examined child and testified). COCA finds the evidence relevant to credibility
and critical to jury’s determination of guilt. Child Sexual Abuse, 35 years,
remanded for new trial.
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