Diaz v. U.S.:  Expert testimony on “most” people’s mental state does not violate Rule 704(b) – Jackson and Gorsuch suggest ways for defense to use or limit ruling

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Expert testimony that “most” drug couriers know they are transporting drugs does not violate Rule 704(b)’s prohibition on testimony about a defendant’s mental state, because the expert testimony […]

Smith v. Arizona:  Expert’s reliance on another expert’s work for their opinion is “for the truth” and implicates Confrontation Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender When an expert witness testifies to an absent lab analyst’s factual assertions to support his own opinion, the absent analyst’s statements are being offered for “the truth of the […]