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STEPHENSON v. STATE

No. 07-06-0380-CR.

226 S.W.3d 622 (2007)

Milton D. STEPHENSON, a/k/a Milton Stephenson, a/k/a Milton Dee Stephenson, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

April 24, 2007.

Attorney(s) appearing for the Case

David W. Barlow, Law Office of David W. Barlow, Beaumont, for appellant.

Wayln G. Thompson, Dist. Atty., Beaumont, for appellee.

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

OPINION

PATRICK A. PIRTLE, Justice.

This case involves the admissibility of expert witness testimony in the field of psychology pertaining to the reliability of eyewitness identification of a suspect from a photographic lineup. Following a Daubert-Kelly hearing,1 the trial court concluded that the proffered expert witness testimony did not meet the threshold requirements for admissibility and excluded the testimony. Finding...

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