# State v. Ellis

> Washington Supreme Court · October 1, 1998 · 136 Wash. 2d 498

URL: https://www.frixlaw.com/law-library/cases/4711584

## Case

- **Full name:** The State of Washington v. Joey C. Ellis
- **Court:** Washington Supreme Court
- **Decided:** October 1, 1998
- **Citations:** 136 Wash. 2d 498; 963 P.2d 843; 1998 Wash. LEXIS 713
- **Precedential status:** Published
- **Opinion:** Dissent by Durham
- **Judges:** Alexander, Durham, Smith, Talmadge
- **Cited by:** 82 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4711584

## How later opinions describe it (automated extraction)

- holding the trial court’s decision to exclude expert testimony on the defendant’s inability to form specific intent in a first-degree murder trial deprived him of his constitutional right to present evidence in his own defense
- noting judges "must not abdicate our gatekeeping role by receding from . difficult decisions and letting the jury decide how much weight to give to evidence that is in fact irrelevant"

## Opinion text

Durham, C. J.
(dissenting) — I agree with part A of Justice Talmadge’s dissent. The trial court did not abuse its discretion in excluding the expert testimony in this case. Admissibility of such evidence should be determined under the rules of evidence and the principles of testimonial capacity *525 for expert witnesses. However, I do not agree with part B of the dissent. Abolishing the diminished capacity defense is not appropriate at this time.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4711584. Public record. Not legal advice.