State v. Burke ex rel. County of La Paz
Arizona Court of Appeals
2012 WL 1470103 (2012)
- Written by Liz Nakamura, JD
Facts
The State of Arizona (plaintiff) charged the defendant with sexual assault of a minor. At trial, the defendant sought to admit expert testimony from Dr. Phillip Esplin, a forensic psychologist with expertise in false memory syndrome. A person suffering from false memory syndrome creates, and truly believes, false memories of childhood trauma or sexual abuse. However, the defendant failed to submit any documentation regarding the factual basis for Esplin’s testimony or the reliability of Esplin’s methods. Despite the defendant’s failure to provide evidence of Esplin’s reliability, the trial court admitted Esplin’s testimony about false memory syndrome. The state brought a petition in the Arizona Court of Appeals for special action, arguing that the trial court improperly admitted Esplin’s testimony without first evaluating the admissibility of Esplin’s testimony under Arizona Rule of Evidence 702 (Rule 702).
Rule of Law
Issue
Holding and Reasoning (Swann, J.)
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