Legal Opinion · Dissent

Duckett v. State

Court of Criminal Appeals of Texas

Decided October 10, 1990No. 330-88Published

1DissentTeague, Judge

I agree with the holding by the Second Court of Appeals, see its cause of Duckett v. State, numbered 2-86-217-CR, and opinion in that cause dated February 17, 1988, that the expert testimony that was given in this cause is the equivalent of a witness passing judgment on the truthfulness of the complaining witness. Because the majority opinion is in conflict with this holding, I respectfully dissent.

In Hopkins, 480 S.W.2d 212 (Tex.Cr.App.1972), henceforth Hopkins, this Court stated the following: “Our principle fear is that the admission of psychiatric testimony will often cause the trial to…

2Cases cited25 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. MorelandOhio Supreme Court · 1990
  3. United States v. Manuel P. AmaralCourt of Appeals for the Ninth Circuit · 1973
  4. Werner v. StateCourt of Criminal Appeals of Texas · 1986
  5. State v. SaldanaSupreme Court of Minnesota · 1982

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