KELLY GREENE VS. AIG CASUALTY COMPANY
A-2990-12T3
We held that defendant had the right to present expert
testimony concerning his heroin addiction and withdrawal
symptoms and the potential impact of his physical and
psychological condition on the reliability of his
confession. The expert may explain how heroin withdrawal
could have affected the defendant during the police
interrogation, but may not opine that the defendant's
confession was unreliable or was false, because such
testimony would usurp the jury's role. While the expert
may rely in part on hearsay to explain his opinions,
N.J.R.E. 703, there must be some legally competent evidence
that defendant was in fact suffering from withdrawal at the
time he made the confession. 10-16-13
