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State v. Kelly1/19/1999
vulge the underlying facts or data upon cross-examination. Tenn. R. Evid. 705. Furthermore, an expert witness's credibility may be impeached by use of published treatises, periodicals or pamphlets. Tenn. R. Evid. 618.
In the case under consideration, the witness explained the studies in detail. He gave identifying information about the individuals or groups that participated with him in conducting the studies. After explaining the procedures employed, he testified about the Conclusions he drew from the results obtained. The defense had the opportunity to extract details about the "underlying facts or data" on cross-examination but chose not to do so. See Tenn. R. Evid. 618. The defense apparently sought the underlying information in written form, but there is no indication in the record that published documentation of these studies exists. See Tenn. R. Evid. 618, 705. Moreover, we find no indication the defense was limited in its ability to impeach Special Agent Harrison from published treatises, pamphlets or periodicals which supported different Conclusions than those to which he testified on direct examination. See Tenn. R. Evid. 705. Because the defense was in no way limited in its ability to cross-examine Special Agent Harrison, the claim that the defendant's right to confrontation was abridged must fail.
In sum, we affirm the judgment of the trial court.
JAMES CURWOOD WITT, JR., JUDGE
CONCUR:
GARY R. WADE, PRESIDING JUDGE
THOMAS T. WOODALL, JUDGE
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