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eBook details

• Title: State V. Mitchell
• Author : Washington Court of Appeals
• Release Date : January 14, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Mathue Mitchell appeals his conviction of one count of third degree assault and two counts of fourth degree assault. Mitchell contends that the trial court erred when it ruled that the testimony of his expert witness regarding diminished capacity was inadmissible under State v. Edmon, 28 Wn. App. 98, 621 P.2d 1310(1981), and alternatively, under ER 702 when read in light of Edmon. After Mitchell's trial, the Supreme Court decided in State v. Ellis, 136 Wn.2d 498, 963 P.2d 843 (1998), that the admissibility of expert testimony regarding diminished capacity is to be determined under ER 702. We hold that admissibility of expert testimony under ER 702 does not require the expert to testify with certainty to the ultimate question of fact. We therefore reverse and remand for a new trial, and we decline to address the remaining issues.

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