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U.S. v. MORALES

No. 94-10507.

108 F.3d 1031 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Gloria Ann MORALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1997.

Attorney(s) appearing for the Case

Larry Kupers, Assistant Federal Public Defender, San Francisco, CA, for defendant-appellant.

Stephen H. Jigger, Assistant United States Attorney, San Francisco, CA, for plaintiff-appellee.

Before: HUG, Chief Judge, and BROWNING, SNEED, FLETCHER, REINHARDT, HALL, NOONAN, THOMPSON, FERNANDEZ, RYMER and HAWKINS, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Federal Rule of Evidence 704(b) precludes an expert, testifying as to the mental state or condition of a defendant, from stating "an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto." Fed. R.Evid. 704(b). There is a conflict in our circuit concerning the admissibility of expert testimony under this rule when an expert...

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