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Sixth Circuit grant on use of experts in the guilt phase

By Karl R. Keys, Esq.

A panel of the Sixth Circuit in Abdul Awkal v. Mitchell, No. 01-4278,  Monday granted relief.  From that opinion: At trial, Awkal?s sole defense to the murder charges that he faced was that he was not guilty by reason of insanity. During the guilt phase of trial, Awkal?s counsel attempted to present the testimony of three expert witnesses to support this defense: Dr. Paul E. Hewitt (?Hewitt?), Dr. Magdi S. Rizk (?Rizk?), and Dr. Eileen S. McGee (?McGee?). Hewitt testified first, but shortly after he began testifying, the trial court determined that Hewitt was not a licensed psychologist. The trial court determined that because Hewitt was not a licensed psychologist, he was not qualified to offer an opinion regarding the sole guilt-phase issue?Awkal?s sanity at the time of the crime...continue to full post

Full post as published by Capital Defense Weekly on March 16, 2009 (boomark / email).