Justice Kitchens finally said what the Criminal Defense Bar has known forever.

Mouton v. State

 

I maintain that qualified nurses—irrespective of whether they are qualified in civil or criminal cases—should be allowed to testify to causation. If this Court forbids a qualified nurse to testify to causation in a civil case in which mere money is at stake, why should a sexual assault nurse examiner be permitted to testify to causation in a criminal case in which the defendant’s liberty is at stake and in which the State is obligated to prove each element of the crime beyond a reasonable doubt? The only apparent explanations for such arbitrary, contradictory rules are, first, the interest of civil defendants in preventing potentially harmful causation testimony from an otherwise-qualified nurse and, second, the expediency to the State of utilizing the testimony of a qualified sexual assault nurse examiner in obtaining a conviction. Such interest-driven distinction is not legitimate and renders the notion that the Mississippi Rules of Evidence are applied the same in civil and criminal trial a mere myth.

 

It has been a myth for a long time.  Thank you Justice Kitchens for finally putting it in an opinion.

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