Tag Archives: intoxication

Criminal Practice – Murder – Lay Witness – Defendant’s Mental State – Jury Instructions – Prosecutor’s Closing Argument (access required)

State v. Storm Defendant tendered a licensed clinical social worker as a lay witness. Since her only exposure to defendant came from occasionally seeing him in the lobby of her building seven years prior to the murder, the trial court did not abuse its discretion when it refused to allow the witness to testify that defendant “appeared noticeably depressed with flat affect.”

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Tort/Negligence – Public-Duty Doctrine – Negligence – Ride to Motel – Intoxication (access required)

Estate of Burgess v. Hamrick. A woman whose intoxicated husband was killed while he attempted to cross a highway after a sheriff's deputy let him off at a motel is barred from claims by the public-duty doctrine and has no valid claim against the deputy in his individual capacity because his actions were not corrupt or malicious.

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