The U.S. Supreme Court Nov. 2 declined to address the constitutionality of Louisiana’s per se ban on the introduction of eyewitness identification expert testimony (Henry v. Louisiana, U.S., 15-50, cert. denied 11/2/15).
In declining review, the court let stand the defendant’s two first-degree murder convictions that were attained after he was barred from presenting expert testimony concerning the causes of misidentification.
The Louisiana Supreme Court has held that expert testimony on eyewitness identifications can be more prejudicial than probative because it focuses on the things that produce error without reference to those factors that improve the accuracy of ...