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Since 1836 the accused has been entitled to counsel, and since 1898 he has been allowed to testify on his own behalf.
Not surprisingly, Chief Judge Jonathan Lippman joined Judge Theodore T. Jones in his dissent, because both thought that the expert in the Bedessie case should have been allowed to testify.
Yesterday, the State Court of Appeals ruled 7 to 0 that the expert should have been allowed to testify because conventional wisdom as to the fallibility of eyewitnesses had changed considerably over the years.
The unanimous decision, in an age-discrimination case against Sprint/Nextel, did not answer the bottom-line question in the case: whether five co-workers of the plaintiff, Ellen Mendelsohn, should have been allowed to testify.
The state's highest court ordered a new trial yesterday for a man convicted of fatally stabbing a livery-cab driver in 1991, saying that an expert on eyewitness identifications should have been allowed to testify on the defendant's behalf.
A California appeals court has turned down an appeal by Phil Spector to have his murder conviction overturned and rejected the argument that other women who said he had threatened them with guns should not have been allowed to testify in the case, The Associated Press reported.
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But the complexion of the case would change entirely if other accusers were allowed to testify.
Last month, the judge ruled that several athletes would be allowed to testify.
Neither Hungarian midwives nor international experts were allowed to testify on Géreb's actions, he argues.
The appeals court's order does not guarantee McClain will be allowed to testify.
He has testified before the Brazilian Senate, and should be allowed to testify before the U.S. Senate.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com