Legal Opinion · Concurrence

State v. Outing

Supreme Court of Connecticut

Decided August 31, 2010No. SC 17707Published

1Concurrence

PALMER, J., with whom NORCOTT and VERTEFEUILLE, Js.,

join, concurring. Although I agree with the majority that the murder conviction of the defendant, J’Veil Outing, must be affirmed, I disagree with the majority’s refusal to reconsider and overrule this court’s precedent concerning the admissibility of expert testimony on the reliability of eyewitness identifications. Beginning with State v. Kemp, 199 Conn. 473, 476-77, 507 A.2d 1387 (1986), this court consistently has concluded that expert testimony on the fallibility of eyewitness identifications is unnecessary and, therefore, inadmissible…

2Cases cited72 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Neil v. BiggersSupreme Court of the United States · 1972
  4. People v. DoolinCalifornia Supreme Court · 2009
  5. United States v. John W. DowningCourt of Appeals for the Third Circuit · 1985

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