State v. Maestas

¶ 60 I respectfully dissent as to parts I and II.B of Chief Justice Durham’s lead opinion. In part I, Chief Justice Durham would adopt a rule eliminating the trial court’s discretion by requiring that expert witness testimony be admitted in eases where eyewitness identification is at issue. In my view, this rule is both unjustified and overly broad. In part II.B, she would create a new rule of criminal procedure that requires the suppression of all allocution statements made by defendants, including confessions. I believe that the lead opinion fails to offer adequate justification for such a…