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Tag Archives: expert witness

Criminal Practice – Second-Degree Murder — DWI & Speeding – Malice – Evidence – Lay Witness — Expert Witness — Neuropharmacology (access required)

State v. Norman A driver turned off the highway just before he heard defendant’s truck collide with the victims’ car. When the driver ran to the crash site, he noticed a strong smell of alcohol on defendant from “a little over [an] arm’s [length] distance,” and he noticed that defendant was unable to maintain balance, was incoherent, was acting in an inebriated fashion, and was disoriented. The driver’s opinion was based on personal observation of defendant immediately after the collision. The fact that the driver was unaware of the exact nature of defendant’s injuries goes to the weight, not the admissibility, of his testimony.

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Criminal Practice – Murder – Insanity Defense – Specific Intent – Jury Instructions – Confession – Miranda Warnings – Confrontation Clause – Expert Witness (access required)

State v. Hartley The state was concerned that the trial court's original jury instructions shifted the burden of proof regarding specific intent to defendant, so the court reinstructed the jury: "If you find from the evidence beyond a reasonable doubt that the defendant [committed the offense charged], it would be your duty to return a verdict of guilty ..., unless you are satisfied that the defendant was insane at that time and/or that the state has failed to prove beyond a reasonable doubt that the defendant had the required mental capacity to formulate the specific intent required for conviction of this crime."

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