experts

Experts [EWs] in criminal trials are limited by the following Virginia rule of evidence: "In criminal cases, the opinion of an expert is generally admissible if it is based upon facts personally known or observed by the expert, or based upon facts in evidence." Virginia...

Expert testimony often is crucial to criminal defendants, as I have seen many times as a Virginia criminal lawyer. Nonetheless, today the Virginia Court of Appeals confirmed that, in criminal trials, expert testimony on diminished mental capacity are limited to insanity defenses. Johnson v. Virginia,...