Criminal,
Civil Litigation
Aug. 8, 2023
Expert who helped defense at criminal trial should be in civil trial, panel says
The plaintiff’s counsel argued the insight of his expert witness was instrumental in convincing the criminal jury his confession was false and coerced and her testimony should not have been excluded in his 1983 civil rights claim trial.
Terence Tekoh, whose claim before the U.S. Supreme Court clarified that Miranda rights violations do not alone constitute a Fifth Amendment violation, kept his civil rights deprivation case alive when a split three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the district judge erred in excluding a coerced confessions expert.
Tekoh had been charged with unlawful sexual penetration but was acquitted by a jury after they f...
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