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Carson v. Fine2/10/1994
ourt of Appeals that an appellate ER 403 evaluation of the potential prejudice inherent in this type of testimony requires on the record balancing by the trial court. I would place particular emphasis on whether there is a compelling need for the defense to call this particular doctor and whether there are other experts available. See Carson, 67 Wash. App. at 466. Applying these factors to the facts of this case, I find no compelling reason to permit this testimony.
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