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?