Admissibility of Statements When Expert Witness Unavailable
Under Crawford v. Washington, 541 U.S. 36 (2004), the testimonial statement of an otherwise unavailable witness is inadmissible “unless the defendant had an opportunity to previously cross-examine the witness regarding the witness’s statement.” Medina v. State, 122 Nev. 346, 353, 143 P.3d 471, 476 (2006). Recently, in Vega v. State, (126 Nev. Adv. Op. No. [...]
Expert Testimony, Hallmark v. Eldridge Revisited
In Higgs v. State, 126 Nev. Adv. Op. 1 (2010), the Nevada Supreme Court revisited the issue of admissibility of expert testimony and clarified an inconsistency (real or perceived) in its prior ruling on the topic: Hallmark v. Eldridge, 189 P.3d 646 (Nev. 2008). A couple of things are clear after Higgs: 1. Nevada only [...]
Expert Testimony
In 2008, the Nevada Supreme Court, in Hallmark v. Eldridge, 189 P.3d 646 (Nev. 2008) clarified the status of Nevada law relative to the admissibility of expert testimony. In Hallmark, the court began by stating, “The statute governing the admissibility of expert testimony in Nevada district courts is NRS 50.275…” Id. at 650. If a [...]
