L-R Elisa Reiter and Daniel Pollack. Courtesy Photos
When mental health professionals serve as expert witnesses in Texas, they face a series of challenges. Texas demands not only technical expertise but also an acute awareness of procedural nuances. The Fourteenth Court of Appeals recently issued a memorandum opinion in In re Bryant, No. 14-23-00642-CV, It illustrates these complexities and underscores the rigorous standards experts must meet.
Case Background
Kenneth Bryant was the subject of an involuntary commitment proceeding initiated by the state. The basis of the commitment was an allegation that Bryant was a sexually violent predator as that term is defined by the Texas Health and Safety Code. Appellant Bryant challenged the trial court’s reliance on expert witness Dr. Sheri Gaines. Bryant argued that Gaines’ testimony did not meet the criterion established for expert witnesses. The court was therefore tasked with examining whether the trial court erred in its judgment finding that Bryant should be committed, following allegations that Bryant had sexually assaulted his twin eight-year-old step-granddaughters on multiple occasions.
