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Home / Opinion Digests / Criminal Practice / Criminal Practice  – Felony Death by Vehicle – Driver’s Identity – Evidence – Expert & Lay Witnesses (access required)

Criminal Practice  – Felony Death by Vehicle – Driver’s Identity – Evidence – Expert & Lay Witnesses (access required)

  In a single-car accident, both of the car’s occupants were ejected, and the state’s accident reconstruction expert could not say definitively who was driving. The trial court should not have allowed a lay witness – a state trooper who investigated the accident scene – to testify that he believed defendant was the driver. Defendant is awarded ...

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