People v. Lerma

This case presents question as to whether trail court properly excluded testimony of defendant’s proposed expert witness on issue regarding reliability of eyewitness identification testimony, where record showed that there was only one eyewitness to instant murder, and where trial court previously rejected defendant’s similar motion regarding different expert witness on ground that said expert’s testimony was not needed since instant eyewitness, defendant and victim were acquaintances. Appellate Court, in reversing defendant’s conviction, found that defendant was entitled to new trial since trial court had failed to scrutinize, weigh, or consider proposed testimony from expert on eyewitness identification before denying his proffered testimony. In its petition for leave to appeal, State argued that expert testimony on reliability of eyewitness testimony is unnecessary since witness’s ability to identify offender can be explored on cross-examination.