University of Arkansas at Little Rock William H. Bowen School of Law Bowen Law Repository: Scholarship & Archives Faculty Scholarship 1983 When Death is the Issue: Uses of Pathological Testimony and Autopsy Reports at Trial J. Thomas Sullivan University of Arkansas at Little Rock William H. Bowen School of Law,
[email protected] Follow this and additional works at: http://lawrepository.ualr.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Criminal Procedure Commons Recommended Citation J. Thomas Sullivan, When Death is the Issue: Uses of Pathological Testimony and Autopsy Reports at Trial, 19 Willamette L. Rev. 579 (1983). This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact
[email protected]. WHEN DEATH IS THE ISSUE: USES OF PATHOLOGICAL TESTIMONY AND AUTOPSY REPORTS AT TRIALt J. THOMAS SULLIVAN* "Death is at the bottom of everything... Leave death to the professionals. " Calloway, The Third Man Trial lawyers often must present or confront evidence concern- ing the death of a party, victim or witness in the course of litigation. Clearly, the fact of death is a key issue considered in homicide' and wrongful death actions.' It may also prove significant in other pro- ceedings, either as the focal point of litigation-as in contested pro- bate matters-or in respect to some collateral matter, such as the death of a witness who might otherwise testify.' Generally, the party t Copyright, 1982 * B.A., University of Texas at Austin; J.D., Southern Methodist University; LLM Can- didate, University of Texas at Austin; Appellate Defender, New Mexico Public Defender Department.