Nations v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of aggravated sexual assault and assessed his punishment at confinement for 30 years. The conviction was affirmed. Nations v. State, 894 S.W.2d 480 (Tex.App.—Austin, 1995).

On direct appeal, appellant maintained the trial court erred by excluding the testimony of an expert witness. Appellant’s proffered expert testimony concerned the reliability of eyewitness identification. The Court of Appeals upheld the trial court’s decision to exclude the testimony and stated:

Appellant urges that in the instant cause,…