context: This inadmissible evidence from Dr. Stuemky, Dr. Tremaine, and Ms. Amlin magnified the impact of these errors on the members in a case where the panel requested clarifying instructions from the judge and deliberated on findings for almost six hours. Each evidentiary error was significant, and together they denied Appellant a fair trial.
citation_a.signal: but see
citation_a.identifier: 310 F.3d 1074, 1078
citation_a.parenthetical: where there was substantial evidence of guilt, no plain error for expert to opine that accused "had an intent to kill a policeman"
citation_a.sentence: See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie detector); United States v. Garza, 608 F.2d 659, 664-66 (5th Cir.1979)(it was plain error for the prosecutor to “testify” as an expert witness and opine in closing argument as to the guilt or innocence of the accused); but see United States v. Waldman, 310 F.3d 1074, 1078 (8th Cir.2002)(where there was substantial evidence of guilt, no plain error for expert to opine that accused “had an intent to kill a policeman”).
citation_b.signal: see
citation_b.identifier: 608 F.2d 659, 664-66
citation_b.parenthetical: it was plain error for the prosecutor to "testify" as an expert witness and opine in closing argument as to the guilt or innocence of the accused
citation_b.sentence: See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie detector); United States v. Garza, 608 F.2d 659, 664-66 (5th Cir.1979)(it was plain error for the prosecutor to “testify” as an expert witness and opine in closing argument as to the guilt or innocence of the accused); but see United States v. Waldman, 310 F.3d 1074, 1078 (8th Cir.2002)(where there was substantial evidence of guilt, no plain error for expert to opine that accused “had an intent to kill a policeman”).