What is the effect of the exclusion of expert testimony in criminal cases?
MultiRegion, United States of America
The following excerpt is from United States v. Christian, 749 F.3d 806 (9th Cir. 2014):
I also agree that Barabin v. AstenJohnson, Inc., 740 F.3d 457 (9th Cir.2014) (en banc), should extend to the exclusion of expert testimony in criminal cases and compels a new trial in this case. I respectfully dissent from the majority's holding in Part B that the district court did not abuse its discretion by denying Christian's request for a diminished capacity jury instruction on the record before it.
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