Wednesday, March 01, 2006

Inquiry on Whether Judges May Testify as Expert Witnesses

A reader has transmitted the following inquiry on whether judges may testify as expert witnesses:
I am currently representing the State of West Virginia in a state habeas appeal in which the primary issue seems to be whether a trial judge may testify as an expert witness as to a defendant's future dangerousness. The trial court bifurcated the defendant's first degree murder trial. After the jury found him guilty, the State called the chief judge of the judicial circuit who testified that, based upon his experiences with the defendant, he constituted a future danger to the community. The judge was not the same judge presiding over the trial.

If anyone knows of any case law one way or the other, please forward me an e-mail with the cite at the address below. Thank you.

Robert D. Goldberg
Assistant Attorney General
State Capitol, Room E-26
Charleston, WV 25305
PH: 304-558-2021
FAX: 304-558-4030
robert.goldberg [at] wvago.gov
If our readers have any insights, or know of any relevant legal authorities, we're sure Mr. Goldberg would be glad to hear of them.

posted by pn at 5:36 PM  

0 Comments:

Post a Comment

<< Home

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.