State v. Israel

— Mental examinations of witnesses providing testimony at trial are permissible only where compelling reasons exist for such examinations. Moreover, judges determine the competency of witnesses, 1 and juries determine their credibility. 2 Here, there are no compelling reasons that justify the order in limine directing a trial witness to submit to a psychological examination. Likewise, a second order in limine that provides for the admission of expert testimony on antisocial personality disorder is in error. Accordingly, we reverse both orders in limine and remand for trial.

David Israel is one…