Utah High Court Finds No Error In Barring Of Expert Testimony On Eyewitnesses
(January 5, 2016, 12:15 PM EST) -- SALT LAKE CITY — Applying State v. Clopten (2009 UT 84, 49, 223 P.3d 1103) retroactively, the Utah Supreme Court on Dec. 31 ruled that a trial judge did not abuse his discretion to exclude expert testimony on the full range of cognitive processes associated with the eyewitness in a child kidnapping case (State of Utah v. Jimmy D. Guard, No. 20140039, Utah Sup.; 2015 Utah LEXIS 298).
(Opinion available. Document #30-160115-022Z.)
On Nov. 15, 2004, the State of Utah alleged that C.M., who was 9...