Section 10.27 Admissibility of Expert Testimony

• Library: Criminal Practice 2012 Supp

H. (§10.27) Admissibility of Expert Testimony

Missouri courts have consistently held that there is no abuse of trial discretion when the court refuses to permit expert witness testimony concerning the unreliability of eye witness identification. See State v. Hill, 839 S.W.2d 605 (Mo. App. W.D. 1992) (citing State v. Whitmill, 780 S.W.2d 45, 47[1] (Mo. banc 1989), in which the Supreme Court held that the trial court has discretion to exclude such testimony because it may improperly invade the province of the jury in determining witness credibility).

Missouri courts, in examining the use of expert testimony regarding psychological factors affecting reliability of eye witness identification and common misconceptions regarding reliability of identification, have held that it is not an abuse of discretion to prohibit...