Order on States Motion in Limine RE Neuropsychological and Psychiatric Evidence
From page 5 of Order:
"Evidence of ASD to Explain Demeanor Is Only Admissible If Defendant Testifies."
From page 7
"Court has had the opportunity to observe Defendant through multiple hearings over the past several months, some lasting all day. Not once has the Court perceived Defendant to be acting in an odd or incongruent manner or otherwise demonstrating signs at counsel table that would warrant any explanation to the jury. His demeanor has been entirely appropriate....
"While the Court is not blind to the fact that the jury will be scrutinizing Defendant's courtroom behavior during trial, allowing testimony about his ASD to explain his courtroom behavior amounts to judicial endorsement of improper evidence. If anything, presenting evidence of Defendant's ASD will focus the jurors even more on Defendant's behaviors that they likely would not have noticed in the first place. It may also diminish the weight assigned to evidencethe jury is instructed to consider in aiding its determination of guilt, despite instructions to the contrary. It essentially invites the jury to consider the character of the accused to determine guilt, which is not proper except as allowed by IRE 404. In this sense, the evidence runs the risk of being unfairly prejudicial to Defendant...." bbm
Page 8
"Consequently, if Defendant does not testify, evidence of his ASD to explain his courtroom demeanor is inadmissible under IRE 401 and 403." bbm
Thx @MassGuy
- NewOrder on States Motion in Limine RE Neuropsychological and Psychiatric Evidence
- NewOrder on Defendants Motion in Limine RE Witness Identification by Bushy Eyebrows
- NewOrder on Defendants Motion in Limine RE Rylene Nowlin and Touch and Contact DNA
- NewOrder on Defendants Motion in Limine RE Make and Model of Suspect Vehicle
- NewOrder Memorializing Oral Rulings on Motions in Limine
From page 5 of Order:
"Evidence of ASD to Explain Demeanor Is Only Admissible If Defendant Testifies."
From page 7
"Court has had the opportunity to observe Defendant through multiple hearings over the past several months, some lasting all day. Not once has the Court perceived Defendant to be acting in an odd or incongruent manner or otherwise demonstrating signs at counsel table that would warrant any explanation to the jury. His demeanor has been entirely appropriate....
"While the Court is not blind to the fact that the jury will be scrutinizing Defendant's courtroom behavior during trial, allowing testimony about his ASD to explain his courtroom behavior amounts to judicial endorsement of improper evidence. If anything, presenting evidence of Defendant's ASD will focus the jurors even more on Defendant's behaviors that they likely would not have noticed in the first place. It may also diminish the weight assigned to evidencethe jury is instructed to consider in aiding its determination of guilt, despite instructions to the contrary. It essentially invites the jury to consider the character of the accused to determine guilt, which is not proper except as allowed by IRE 404. In this sense, the evidence runs the risk of being unfairly prejudicial to Defendant...." bbm
Page 8
"Consequently, if Defendant does not testify, evidence of his ASD to explain his courtroom demeanor is inadmissible under IRE 401 and 403." bbm