State v. Robertson
State v. Robertson
Opinion of the Court
This is the second time these cases are here. They first came before us after the defendant had been
We then remitted the cases to the Superior Court for a hearing on whether Dr. Richardson, at the time of the trial in June of 1968, was properly qualified’to respond to the critical question, and for such subsequent proceedings as might be called for depending on how that question was answered.
In addition, and in an attempt to assist the trial, justice who would make the determination, we suggested certain broad standards which are- generally considered’ to be germane to the issue of the competence of a psychologist to
Pursuant to our remand a lengthy hearing followed at which Dr. Richardson testified about his educational background and his training as a psychologist. Thereafter, the trial justice, in an extensive and carefully considered re-script, reviewed the witness’ qualifications in detail. While he found that Dr. Richardson’s training and education qualified him as an expert witness in psychological testing, he found otherwise with respect to his competency in June of 1968 to testify whether defendant’s alleged criminal conduct was attributable to mental illness. What led to the latter finding was that the witness’ hospital and clinical experience prior to obtaining his doctorate in psychology in 1967 consisted primarily of psychological testing, that he had less than one year postdoctoral clinical experience, and that he was not a diplómate of the American Board of Examiners in Professional Psychology. These, gaps in Dr. Richardson’s qualifications, the trial justice concluded, deprived him of the expertise required to answer the kind of question which had been posed. From that decision defendant has prosecuted a further bill of exceptions in each case in which he asks us to review the trial justice’s determination.
We must overrule his exceptions. The considerations influencing the trial justice in his decision were pertinent to a determination of the witness’ expertise in the indicated area. We specifically said so in State v. Robertson, supra. For the trial justice to rely upon those considerations as disqualifying Dr. Richardson did not constitute an abuse of sound discretion.
The defendant’s exception is overruled in each case, and each case is remitted to the Superior Court for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.