Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari

Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review

On November 2, 2015, the United States Supreme Court denied certiorari to Darrill Henry in a Louisiana case concerning eyewitness expert testimony.[1] Louisiana has a per se ban on eyewitness expert testimony.[2] Eyewitness testimony is a key component of our criminal justice system; however, a per se ban on eyewitness expert testimony is bad public policy. To reduce the rate of wrongful convictions, experts should have the opportunity to explain to jurors the pitfalls of eyewitness testimony. Continue reading “Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari”