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  1. #1
    Join Date
    Jun 2011
    Posts
    14

    Default Without Notice, Can an Unqualified Character Witness Become an Expert Witness

    My question involves criminal law for the state of: Tenn
    Character witness in court for the defendant is a Cosmetic Surgeon colleague. He does not practice any other specialty, and is not even a personal friend of the defendant. The defendants Urologist had surprisingly gone on vacation, and was never subpoenaed in the first place. Without a pre trial Daubert, the defendant's attorney asked the judge to allow the Cosmetic Surgeon to be an expert witness and testify as to the defendants urological history. The Cosmetic Surgeon was put "on the spot" and reluctantly babbles through the inquiry. New discovery by the defendant will claim that the Cosmetic Surgeon did not meet Daubert, violated the defendant's Constitutional Rights, his testimony was hearsay, and only confused the jury. His testimony did not meet any of the Daubert Standards. Did the judge abandoned his "gate keeper" role over expert testimony and make a decision outside of his jurisdiction?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Without Notice, Can an Unqualified Character Witness Become an Expert Witness

    You should pose this question to a lawyer who knows the charge, why the testimony was offered, and can review the transcripts for objections, proper preservation of error, and other issues involved in the case.

    Also, as this appears to have been a choice by the defendant and his attorney, they would ordinarily have grave difficulty trying to blame the judge for the consequence of their choice to elicit testimony from their own witness.

  3. #3
    Join Date
    Jun 2011
    Posts
    14

    Default Re: Without Notice, Can an Unqualified Character Witness Become an Expert Witness

    Lay people do not know anything about criminal law procedure. They depend entirely on their attorney who has a degree to practice law. Even if the defendant's attorney was incompetent in asking the judge to allow an unqualified person to be an expert witness, it does not remove the judicial " gate keeper" role responsibility from the judge. He must follow the order of law, whatever the circumstances. Daubert is the law reguarding expert witness testimony.

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