Brief of Evidence Law Scholars as Amici Curiae in Support of Petitioner Paul L. Behrens’ Petition for Rehearing and Rehearing En Banc

Abstract

The panel here held that the government’s expert in a criminal trial can present hearsay for its truth without satisfying the requirements of Rule 703 or the prerequisites to admissibility under any hearsay exception. Amici believe that misreads the Federal Rules of Evidence, undermines the general prohibition on hearsay, and circumvents defendants’ cross-examination rights