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Legal Opinion

State v. Scott

Tennessee Supreme Court

Decided January 28, 2009PublishedCited by 67 opinions

1Opinion of the Court

OPINION

WILLIAM C. KOCH, JR., J.,

delivered the opinion of the court,

in which JANICE M. HOLDER, C.J., CORNELIA A. CLARK, and GARY R. WADE, JJ., and E. RILEY ANDERSON, SP.J., joined.

This appeal involves the admissibility of expert testimony regarding a sleep para-somnia involving sexual behavior. A defendant charged with committing sexual acts with his stepdaughter asserted that he could not have formed the required criminal intent because he was asleep at the time and was unaware of what he was doing. To support his defense, the defendant notified the State that he intended to present the…

2Cases cited45 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  5. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994

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3Cited by67 opinions

  1. State of Tennessee v. Lemaricus Devall DavidsonTennessee Supreme Court · 2016
  2. Coleman v. StateTennessee Supreme Court · 2011
  3. Anne Payne v. CSX Transportation, Inc.Tennessee Supreme Court · 2015
  4. Excel Polymers, LLC v. BroylesTennessee Supreme Court · 2009
  5. State of Tennessee v. Lindsey Brooke LoweTennessee Supreme Court · 2018

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