Exclusion of Expert Exposition Testimony for a Lack of Fit with the Facts in a Hit and Run Homicide Case

Journal of the American Academy of Psychiatry and the Law

article

Alyssa Tran¹  Richard Martinez¹ 

[1] Department of Psychiatry, Division of Forensic Psychiatry,University of Colorado at Anschutz Medical Center

关键词: exposition testimony;    custodial interrogation;    Miranda;    Federal Rule of Evidence 702;    expert testimony;   

DOI  :  10.29158/JAAPL.210129L3-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

exposition testimonycustodial interrogationMirandaFederal Rule of Evidence 702expert testimonyExposition Testimony on General Principles Must Assist the Factfinder in Connecting the Witness's Expertise to the Particular Facts of the CaseIn State v. Dobbs, 945 N.W.2d 609 (Wis. 2020), Timothy E. Dobbs appealed his convictions of homicide by intoxicated use of a vehicle and hit and run resulting in death to the Wisconsin Supreme Court on the claim that the circuit court improperly excluded an expert's exposition testimony and the circuit court improperly allowed pre-Miranda statements while Mr. Dobbs was in custody. The court of appeals affirmed the judgment of conviction in an unpublished, per curiam decision. The Supreme Court of Wisconsin also affirmed the decision of the circuit court, while ruling that the admission of pre-Miranda statements was harmless error.

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