United States v. Finley
United States Court of Appeals for the Ninth Circuit
301 F.3d 1000 (9th Cir. 2001)
Richard Finley (defendant) was charged with bank fraud, a crime requiring proof of intent. At trial, Finley sought to introduce his psychologist Dr. John Wicks's testimony that Finley had an abnormal, closed belief system resistant to change, hoping the jury would use that evidence to conclude he lacked the intent to commit fraud. The district court excluded Wicks's entire testimony under Federal Rule of Evidence 704(b), which bars experts from stating an opinion about whether a defendant had the specific mental state that is an element of the crime charged. Finley was convicted and appealed the exclusion.
Whether an expert witness may testify to a defendant's mental state under Federal Rule of Evidence 704(b) so long as the expert does not draw the ultimate inference or conclusion for the jury.