Legal Opinion

Harrison v. State

District Court of Appeal of Florida

Decided March 25, 2010No. 1D08-4366PublishedCited by 2 opinions

1Opinion of the CourtBenton, J.

On direct appeal from convictions for lewd and lascivious molestation of a victim less than twelve years of age, Tommy Jack Harrison argues that the trial court erred in excluding a defense expert and the opinion testimony he would have given. We reverse and remand for a new trial.

We will not disturb a trial court’s decision on the admissibility of expert testimony absent an abuse of discretion. See Doctors Co. v. State, Dep’t of Ins., 940 So.2d 466, 469 (Fla. 1st DCA 2006) (“In our consideration of the trial court’s ruling excluding the testimony of Appellant’s expert witness, we apply the…

2Cases cited30 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Richardson v. StateSupreme Court of Florida · 1971
  4. United States v. Anthony Damian AzureCourt of Appeals for the Eighth Circuit · 1986
  5. United States v. Larry D. HallCourt of Appeals for the Seventh Circuit · 1996

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3Cited by2 opinions

  1. Harrison v. StateDistrict Court of Appeal of Florida · 2010
  2. Henderson v. Secretary, Department of Corrections (Pinellas County)District Court, M.D. Florida · 2024

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