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State v. Garrett12/1/2005
ction eroded by the significant passage of time between the crime and the instant trial. See, e.g., State v. Charles E. Robinson, No. M2004-01163-CCA-R3-CD, slip op. at 6 (Tenn. Crim. App., Nashville, Aug. 17, 2005) (holding that the defendant failed to demonstrate that the state knowingly presented false, as opposed to inaccurate, testimony and noting that " he presentation of inaccurate testimony by a state's witness does not equate to a showing that the state knowingly sponsored false testimony").
III. Admission of Expert Testimony
The defendant complains that the trial court erroneously allowed Mr. Cooper to offer expert testimony regarding the "pour pattern" of accellerants that he deduced by examining the defendant's house. Specifically, the defendant argues that the trial court should have required Mr. Cooper to demonstrate a scientifically reasonable standard for his conclusion that the fire was a result of arson and, specifically, that a "pour pattern" existed on his front room floor prior to being allowed to testify before the jury. The defendant asserts that the trial court did not conduct the requisite review to determine the trustworthiness of Mr. Cooper's method of discerning pour patterns and that Mr. Cooper offered no scientific evidence in support of his conclusions that a pour pattern existed. The state counters that the trial court properly admitted Mr. Cooper as an expert witness based on his extensive training and experience in fire cause and origin investigation and that Mr. Cooper offered sufficient evidence to support his conclusion of the existence of a pour pattern in the defendant's front room floor.
All evidence, including expert testimony, must be relevant. Tenn. R. Evid. 402. Relevant evidence is evidence "having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Tenn. R. Evid. 401. Relevant evidence may be excluded if its probative value is "substantially outweighed" by the danger of unfair prejudice. Tenn. R. Evid. 403.
The admissibility of expert testimony is governed by Rules 702 and 703 of the Tennessee Rules of Evidence. McDaniel v. CSX Transp., Inc., 955 S.W.2d 257 (Tenn. 1997). Rule 702 addresses the need for expert testimony and the qualifications of the expert:
If scientific, technical, or other specialized knowledge will substantially assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise.
Tenn. R. Evid. 702. Its counterpart, Rule 703, focuses on the reliability of expert opinion testimony:
The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The court shall disallow testimony in the form of an opinion or inference if the underlying facts or data indicate lack of trustworthiness.
Tenn. R. Evid. 703.
Generally, the admissibility of expert testimony is a matter entrusted to the sound discretion of the trial court, and there can be no reversal on appeal absent clear abuse of that discretion. State v. Ballard, 855 S.W.2d 557, 562 (Tenn. 1993).
As emphasized by the defendant, the trial court had a duty to review the basis for Mr. Cooper's opinion and determine its trus
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