This article provides a view from the bench as to what trial judges face in properly handling Robinson Challenges when advocates bring them to the courtroom, and the possible effect on the litigation process. Part I identifies the various admissibility standards applied in Texas before Robinson, and outlines the standards used in other state courts. Next, Part II details the implications the Robinson decision may have on Texas trial practice, and its effect on lawsuits that involve scientific evidence. Finally, Part III examines the implications of Robinson for appellate procedures. We conclude the striking of a witness is most problematic when he is the sole expert witness on causation, thus vital to the trial advocate's case.
Robert McGrath & Paula R. Moore,
Taller and Better Looking Judges in Texas,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V3.I2.3