10 THINGS: OBSERVATIONS FROM COURT, Jenifer Markowitz, Forensic Healthcare Online, February 26, 2014.
10 THINGS: TESTIMONY, Jenifer Markowitz, Forensic Healthcare Online, April 30, 2012.
10 THINGS: THE FHO EXPERT WITNESS BILL OF RIGHTS, Jenifer Markowitz, Forensic Healthcare Online, July 13, 2011.
193, Skip Hollandsworth, Texas Monthly, Austin, TX: February 2010. Copyright © 1973-2010 Emmis Publishing LP. Texas Monthly granted permission to post.
ADMISSIBILITY OF SCIENTIFIC EVIDENCE IN COURTS (abstract), J. Davies, Medicine and Law (volume 24 , pages 243-257), June 2005.
ADMISSIBILITY OF SCIENTIFIC EVIDENCE POST-DAUBERT (abstract), J. Masten and J.J. Strzelczyk, Health Physics (volume 81 , pages 678-682), December 2001. Copyright © 2001 Lippincott Williams & Wilkins.
AFTER THE VERDICT: JURORS LOOK BACK ON MURDER TRIAL OF DALE BRUNER, Caddie Nath, Summit Daily News, Frisco, CO: August 7, 2012. Copyright © 2005-2012 Swift Communications, Inc.
AND THEN THERE WAS ONE ~ A RECENT MINNESOTA SUPREME COURT DECISION HAS LEFT PENNSYLVANIA AS THE ONLY STATE THAT DISALLOWS EXPERT TESTIMONY TO EXPLAIN VICTIM BEHAVIOR, Christopher Mallios, Strategies in Brief (issue 1), AEquitas, Washington, DC: August 2011.
ATTORNEY SANCTIONED FOR ELECTROCUTING EXPERT ON STAND, Ryan Thompson, BullsEye, May 26, 2014. Copyright © 2002-2014 IMS ExpertServices.
ATTORNEYS WHO STIFF EXPERTS MAY FACE SANCTIONS, Robert Ambrogi, BullsEye, September 29, 2011. Copyright © 2002-2011 IMS ExpertServices.
BARBARA SHEEHAN'S MURDER DEFENSE LEFT OUT ALL THIS, Tanya Brannan, Women's eNews, Queens, NY: October 20, 2011. Copyright © 2011 Women's eNews.
BECOMING AN EXPERT WITNESS, Geri Elias, Domestic Abuse in the Jewish Community, Jewish Women International, Washington, DC: June 2009.
BECOMING AN EXPERT WITNESS & DEVELOPING YOUR CURRICULUM VITA OR RÉSUMÉ, Hallie Bongar White and Jane Larrington, Southwest Center for Law and Policy, Tucson, AZ.
BEYOND TERROR, Ralph Thornton, iUniverse, 2010. Watch book trailer.
BILL MOYERS ESSAY: THE HYPOCRISY OF 'JUSTICE FOR ALL', Moyers & Company, March 29, 2013. Copyright © 2013 Public Affairs Television, Inc.
CALIFORNIA V. BATES, Superior Court of the State of California, County of San Diego, San Diego, CA: June 24, 2004. In limine motion to exclude and limit defense psychiatric evidence and to conduct pre-testimony hearing.
CAN A DOMESTIC VIOLENCE ADVOCATE TESTIFY AS AN EXPERT WITNESS? FOLLOW THE ABC'S OF EXPERT TESTIMONY STANDARDS IN TEXAS COURTS, Lauren Zykorie, Texas Journal of Women and the Law, Austin, TX: 2002. Copyright © 2002 Texas Journal of Women and the Law.
CASE LAW REGARDING NURSES AS EXPERT WITNESSES IN CHILD ABUSE, Beatrice Crofts Yorker and Susan Kelley, Issues in Mental Health Nursing (volume 24 [6-7], pages 639-645), September-November 2003. Copyright © 2003 Informa Plc.
CLINICAL PRACTICE GUIDELINES AS LEARNED TREATISES: UNDERSTANDING THEIR USE AS EVIDENCE IN THE COURTROOM (abstract), P.R. Recupero, Journal of the American Academy of Psychiatry and the Law (volume 36 , pages 290-301), 2008. Copyright © 2008 American Academy of Psychiatry and the Law.
CLOSING THE CREDIBILITY GAP: THE PROSECUTORIAL USE OF EXPERT WITNESS TESTIMONY IN SEXUAL ASSAULT CASES, Louise Ellison, The International Journal of Evidence & Proof (volume 9, pages 239-268), 2005. Copyright © 2005 Vathek Publishing.
COMMONWEALTH V. BARROS (disposition), Appeals Court of Massachusetts, 2013. Ruling: An expert may rely on hearsay as long as it is independently admissible and a permissible basis for an expert to use in formulating an opinion.
CONFERENCE MATERIALS, Advanced Legal Issues Training: Establishing Expertise as an Expert Witness, North Dakota Council on Abused Women's Services and National Center on Domestic and Sexual Violence, August 12-13, 2010.
COURT SPELLS OUT 'RED FLAGS' TO WATCH FOR IN EXPERTS, Robert Ambrogi, BullsEye, April 24, 2012. Copyright © 2012 BullsEye.
CREATING A FEE SCHEDULE FOR EXPERT CONSULTATION AND TESTIMONY, Jenifer Markowitz, Forensic Healthcare Online, July 24, 2014.
CRITIQUE OF THE "BATTERED WOMAN SYNDROME" MODEL, Mary Ann Dutton, National Online Resource Center on Violence Against Women, Harrisburg, PA: revised January 1996.
DAUBERT QUESTIONS FOR EXPERT WITNESSES, Establishing Expertise as an Ethical Expert Witness Conference, National Center on Domestic and Sexual Violence, Institute on Domestic Violence & Sexual Assault and The University of Texas at Austin School of Law, Austin, TX: August 2007.
DAUBERT: EXPERT TESTIMONY BASED ON EXPERIENCE, Joshua Fruchter, BullsEye, April 15, 2014. Copyright © 2002-2014 IMS ExpertServices.
DEATH WITHOUT DUE CONSIDERATION?: OVERCOMING BARRIERS TO MITIGATION EVIDENCE BY "WARMING" CAPITAL JURORS TO THE ACCUSED, H. Mitchell Caldwell and Thomas W. Brewer, Howard Law Journal (volume 51 , pages 193-250), Winter 2008. Copyright © 2008 Howard University School of Law; H. Mitchell Caldwell; Thomas W. Brewer.
DOMESTIC VIOLENCE ADVOCATES AS EXPERT WITNESSES, Robin Runge, University of North Dakota School of Law, Grand Forks, ND: August 27-28, 2009.
EXPERT HOW-TO'S FROM THE EXPERTS... "BEEN THERE, DONE THAT" PANELIST DISCUSSION AND POINTS, Establishing Expertise as an Ethical Expert Witness Conference, National Center on Domestic and Sexual Violence, Institute on Domestic Violence & Sexual Assault and The University of Texas at Austin School of Law, Austin, TX: 2005.
EXPERT TESTIMONY ADMISSIBLE, EVEN IN THE ABSENCE OF PRIOR EVIDENCE OF ABUSE (scroll down), Student Writing – Domestic Violence Law Practicum, Berkeley Law School at the University of California, Berkeley, CA.
EXPERT WITNESS PREPARATION: WHAT DOES THE LITERATURE TELL US?, Tess M.S. Neal, The Jury Expert, Timonium, MD: March 2009. Copyright © 2009 American Society of Trial Consultants.
EXPERT WITNESS REFERENCES, compiled by Toby Myers, Nancy Flanakin and Christina Walsh, National Center on Domestic and Sexual Violence, Austin, TX: updated November 2013.
EXPERT WITNESS TESTIMONY: THE ETHICS OF BEING A MEDICAL EXPERT WITNESS (abstract), L.B. Andrew, Emergency Medicine Clinics of North America (volume 24 , pages 715-731), August 2006. Copyright © 2006 Elsevier.
GREASE USED AS WEAPON IN CRIME, Chris Brown, WWAY-TV ABC, Wilmington, NC: April 29, 2014. Copyright © 2014 WWAY-TV, LLC & Morris Network, Inc.
HINTON V. ALABAMA (summary), Supreme Court of the United States, Washington, DC: February 24, 2014. Question: Did the Alabama courts properly apply the rule established by the Supreme Court’s decision in Strickland v. Washington, which stated that the Sixth Amendment right to counsel is violated if the trial attorney’s performance falls below an objective standard of reasonableness and there is a reasonable chance the outcome of the trial was affected?
HOW COMPETENT ARE EXPERT WITNESSES?, Channel 4 News, London, UK: March 13, 2012. Copyright © 2012 Channel 4.
HOW TO QUALIFY AN EXPERT WITNESS ON DOMESTIC VIOLENCE / BATTERED WOMEN (excerpt), Model Protocol for Law Enforcement, Prosecutors and Judges for the Investigation, Prosecution and Disposition of Criminal Domestic Violence, Criminal Sexual Conduct and Stalking Crimes (second edition), South Carolina Office of the Attorney General and South Carolina Criminal Justice Academy, Columbia, SC: June 1998.
IN MY EXPERT OPINION: JUDGE POSNER IMPLORES COURT TO APPOINT EXPERT IN APPEAL OF WISCONSIN ABORTION LAW, EvidenceProfBlog, December 23, 2013. Copyright © 2004-2013 Law Professor Blogs, LLC.
INTRODUCING EXPERT TESTIMONY TO EXPLAIN VICTIM BEHAVIOR IN SEXUAL AND DOMESTIC VIOLENCE PROSECUTIONS, Jennifer G. Long, National District Attorneys Association, Alexandria, VA: 2007.
IPHIGENIA IN FOREST HILLS ~ ANATOMY OF A MURDER TRIAL, Janet Malcolm, The New Yorker, May 3, 2010. Copyright © 2010 Condé Nast. See update, NY Appeals Court Hears Arguments in Dentist Death, February 10, 2011.
MOCK JUROR PERCEPTION OF SEXUAL ASSAULT NURSE EXAMINER TESTIMONY (abstract), Nesa E. Wasarhaley, Theresa A. Simcic and Jonathan M. Golding, Violence and Victims (volume 27 , pages 500-511), 2012. Copyright © 2012 Springer Publishing Company.
MOTION TO QUALIFY KARI KERR WELSH AS AN EXPERT WITNESS FOR THE STATE, Meredith H. Larson, Grand Forks County State's Attorney Office, Grand Forks, ND: May 2008.
NEW PENNSYLVANIA LAW ALLOWS MORE EXPERT TESTIMONY AT SEX CRIMES TRIALS, EIN Presswire, October 14, 2012. Copyright © 1995-2012 IPD Group, Inc.
NO APPEAL FOR EXPERT WITNESS 'THIRD WHEEL', Maggie Tamburro, BullsEye, October 2, 2012. Copyright © 2012 BullsEye.
NOBILITY IN OBJECTIVITY: A PROSECUTOR'S CASE FOR NEUTRALITY IN FORENSIC NURSING (abstract), R. Canaff, Journal of Forensic Nursing (volume 5 , pages 89-96), 2009. Copyright © 2009 Lippincott Williams & Wilkins.
NYC MURDER CASE HINGES ON ABUSE EXPERT TESTIMONY (part 1 of 2), Susan V. Stromberg, Women's eNews, New York, NY: July 12, 2010. Copyright © 2010 Women's eNews. See Sheehan Says the Cop She Married Blocked All Exits (part 2 of 2).
OSCAR PISTORIUS ~ WHAT HIS PERFORMANCE MAY PROVE ABOUT HIS MENTAL STATE, Marika Sboros, BizNews, April 9, 2014. Copyright © 2014 biznews.
A PARLIAMENT OF EXPERTS – DID "EXPERT TESTIMONY" CONVICT AN INNOCENT WOMAN OF MURDER?, Jordan Smith, The Austin Chronicle, Austin, TX: February 4, 2011. Copyright © 1981-2011 The Austin Chronicle.
PEOPLE OF THE STATE OF MICHIGAN V. BAILEY, JONATHON CHARLES, Court of Appeals of Michigan, October 15, 2009. Issue: Admissibility of expert testimony re: delayed disclosures.
PHYSICIAN EXPERT TESTIMONY, Jenifer Markowitz, Forensic Healthcare Online, August 26, 2010.
THE POISON TREE: A TRUE STORY OF FAMILY TERROR, Alan Prendergast, Avon Books, March 1990.
POSSIBLE QUALIFYING QUESTIONS, Phil Travers, Family Violence Prevention Services, Inc., San Antonio, TX.
PREPARING STAFF FOR TESTIMONY IN SEXUAL ASSAULT CASES (abstract), D.P. Cashman and L.D. Benak, Journal of Forensic Nursing (volume 3 , pages 47-49), Spring 2007. Copyright © 2007 Lippincott Williams & Wilkins.
PROTECTING THE VICTIM'S PRIVACY: UNITED STATES V. MORRIS, Toolsi G. Meisner, Strategies in Brief (issue 10), AEquitas, Washington, DC: December 2011.
SANE EXPERT AND FACTUAL TESTIMONY (abstract), Linda E. Ledray and Lee Barry, Journal of Emergency Nursing (volume 24 , pages 284-287), June 1998. Copyright © 1998 Elsevier.
SEXUAL ASSAULT NURSE EXAMINERS' EXPERIENCES PROVIDING EXPERT WITNESS COURT TESTIMONY (abstract), R. Campbell, S.M. Long, S.M. Townsend, K.E. Kinnison, E.M. Pulley, S.B. Adames and S.M. Wasco, Journal of Forensic Nursing (volume 3 , pages 7-14), Spring 2007. Copyright © 2007 Lippincott Williams & Wilkins.
SHOULD I TESTIFY TO THIS OPINION?, Jenifer Markowitz, Forensic Healthcare Online, 2013.
STATE'S TRIAL BRIEF ON EXPERT TESTIMONY REGARDING DOMESTIC VIOLENCE BEHAVIOR, H. Morley Swingle, Office of the Prosecuting Attorney, Jackson, MO.
STATE V. IAN WILLIAMS (case #104249), partial transcript of proceedings ~ offer of proof, October 28, 2011. Issue: Expert witness testimony.
TESTIFYING ABOUT LETHALITY RISK FACTORS, Hallie Bongar and James G. White, Southwest Center for Law and Policy, Tucson, AZ.
TESTIFYING ABOUT SELF-DEFENSE AND PREDOMINANT AGGRESSORS, James G. White, Hallie Bongar White and Jane M. Larrington, Southwest Center for Law and Policy, Tucson, AZ.
tips for Testifying as an Expert Witness in a Violence AGainst Women Prosecution, Teresa P. Scalzo, Esquire, The Voice (volume 1, number 6), National Center for the Prosecution of Violence Against Women, Alexandria, VA: 2006.
tO BE OR NOT TO BE: SHOULD I SERVE AS AN Expert Witness?, Lois Snyder and Lee J. Dunn, Jr., Medscape Education, July 2, 2010. Copyright © 1994-2012 Medscape, LLC.
TO TESTIFY OR NOT TO TESTIFY: RE-DESIGNATING AN EXPERT WITNESS?, Maggie Tamburro, BullsEye, July 31, 2012. Copyright © 2012 BullsEye.
A TRANSFORMATIVE PROCESS: WORKING AS A DOMESTIC VIOLENCE EXPERT WITNESS, Nancy K.D. Lemon, Berkeley Journal of Gender, Law & Justice (volume 24, number 208), Berkeley, CA: Fall 2009.
TWO MORE STATES ADOPT DAUBERT, BRINGING TOTAL TO 32, Robert Ambrogi, BullsEye, October 7, 2011. Copyright © 2011 BullsEye.
TWO RECENT CASES UNDERSCORE DAUBERT'S FLEXIBILITY, Robert Ambrogi, BullsEye, March 19, 2013. Copyright © 2013 BullsEye.
TYPES AND ROLES OF A WITNESS (abstract), Steven A. Koehler, Journal of Forensic Nursing (volume 5 , pages 180-182), September 2009. Copyright © 2009 Lippincott Williams & Wilkins.
UNDERSTANDING PERCEPTIONS OF HYPNOTICALLY RECOVERED MEMORIES IN A CIVIL SEXUAL ABUSE CASE, Samantha Fusco and Judith Platania, Journal of Forensic Psychology Practice (volume 11 , pages 330-350), Routledge, New York, NY: 2011. Copyright © 2011 Informa plc.
UNITED STATES V. BATTON (No. 09-8079, 2010 U.S. App. LEXIS 8509), U.S. Court of Appeals for the Tenth Circuit, 2010. Issue: Good on admissibility of expert testimony and "grooming" evidence re: behavior of perpetrators.
UNITED STATES V. DIXON 413 F.3d 520 (5th Cir. 2005), cert. granted, 126 S. Ct. 1139, U.S. Court of Appeals for the Fifth Circuit, 2006. Issue: In support of her duress defense, criminal defendant offers testimony on battered women’s syndrome from Dr. Toby Myers, domestic violence expert. Trial court excludes testimony as irrelevant and jury convicts. Exclusion affirmed. Witness’s testimony went to defendant’s subjective state of mind, whereas test for duress defense is defined objectively, by reference to whether person of reasonable firmness in defendant’s position would have been able to resist engaging in criminal conduct.
UNITED STATES V. HERRERA, United States District Court, Eastern District of Texas, Sherman, TX: April 12, 2013. Issue: Memorandum opinion and order denying motions In Limine concerning expert witness testimony.
UPDATE OF THE "BATTERED WOMAN SYNDROME" CRITIQUE, Mary Ann Dutton, National Online Resource Center on Violence Against Women, Harrisburg, PA: August 2009.
USE OF AND PREPARING FOR EXPERTS IN DOMESTIC VIOLENCE CASES: WHY? WHO? WHEN? HOW?, Wendy Patrick Mazzarealla and Deborah D. Tucker, October 26, 2005.
The Use of Expert tESTIMONY ON INTIMATE PARTNER VIOLENCE, Kathleen J. Ferraro and Noël Bridget Busch-Armendariz, National Online Resource Center on Violence Against Women, Harrisburg, PA: August 2009.
The Use of Expert Witness TESTIMONY in THE PROSECUTION OF DOMESTIC VIOLENCE, Michelle M. Dempsey, The Crown Prosecution Service, London, UK: March 2004.
THE USE OF EXPERT WITNESSES IN CASES INVOLVING SEXUAL ASSAULT, Kimberly A. Lonsway, San Luis Obispo, CA: March 2005.
VOIR DIRE AND PROSECUTION TIPS FOR SEXUAL ASSAULT CASES (excerpt), The Ending Violence Against Women Training Manual, Colorado Coalition Against Domestic Violence.
VOIR DIRE IN DOMESTIC VIOLENCE CASES, Sarah M. Buel, The University of Texas School of Law Domestic Violence Clinic, Austin, TX.
WHAT A STATE'S EXPERT CAN TELL A JURY ABOUT DOMESTIC VIOLENCE, Margaret Bassett, The Prosecutor (volume 43, number 1), Texas District & County Attorneys Association, Austin, TX: January-February 2013. Copyright © 2007-2013 TDCAA.
WHEN AND HOW: ADMITTING EXPERT TESTIMONY ON VICTIM BEHAVIOR IN SEXUAL ASSAULT CASES IN PENNSYLVANIA, Jennifer Gentile Long, Viktoria Kristiansson and Christopher Mallios, Strategies in Brief (issue 18), AEquitas, Washington, DC: May 2013. Copyright © 2013 AEquitas.
WHEN BATTERED WOMEN KILL: WHAT INFLUENCES DECISIONS TO PROSECUTE AND VERDICTS? (webinar slides and handout), National Alliance to End Domestic Abuse, November 16, 2011.
WHEN THERE IS NO SCIENCE TO SUPPORT YOUR OPINION, Jenifer Markowitz, Forensic Healthcare Online, August 15, 2013.
WHO MADE YOU THE EXPERT?: RULE 705 & THE ADMISSIBILITY OF UNDERLYING FACTS OR DATA, EvidenceProfBlog, October 21, 2013. Copyright © 2004-2013 Law Professor Blogs, LLC.
WILLIAMS V. ILLINOIS AND FORENSIC EVIDENCE: THE BLEEDING EDGE OF CRAWFORD, Teresa M. Garvey, Strategies in Brief (issue 11), AEquitas, Washington, DC: June 2013. Copyright © 2013 AEquitas.
YOUR BODY LANGUAGE SHAPES WHO YOU ARE, Jenifer Markowitz, Forensic Healthcare Online, October 4, 2012.