6 results for 'cat:"Experts" AND cat:"Assault"'.
J. Gustafson finds that the trial court improperly excluded an expert from testifying in support of an individual accused of tortious assault and battery. The individual disclosed the expert more than a year before trial and the trial court twice denied motions to bar the expert. But the trial court changed course on the second day of trial, leaving the individual at a disadvantage since his defense had been built on the expert's anticipated testimony about the justifiable use of force. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 16, 2024, Case #: DA 23-0200, Categories: experts, assault
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, experts, assault
J. Dillard finds that the trial court properly convicted defendant of aggravated assault, family violence battery and criminal trespass. The trial court correctly admitted into evidence a nurse examiner's expert opinions about the effects of strangulation and correctly qualified the nurse examiner as an expert witness. Defendant was told before trial that the nurse examiner would use an anatomical diagram and otherwise failed to establish that he was prejudiced by the state's alleged failure to comply with discovery obligations. Any error in admitting the nurse examiner's testimony probably did not affect the trial outcome in light of the strong evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1765, Categories: assault, Battery, experts
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant of assault for repeatedly punching his former paramour's ex-boyfriend in the face after finding him naked in her bed. Defendant contends evidence did not support the verdict, but medical experts testified to the extent of the injuries, which included cheekbone, jawbone, and orbital fractures. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 30, 2023, Case #: 113505, Categories: Evidence, assault, experts
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J. Egan finds that the lower court improperly convicted defendant of attempted murder, weapon possession, and aggravated assault on a police officer for shooting at state troopers during a standoff triggered by heavy drinking and an argument with his fiancee. Expert testimony on defendant's level of intoxication, allegedly enhanced by prescription drugs for anxiety, should not have been precluded because it was relevant to the key issue of intent. A new trial is warranted. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 19, 2023, Case #: 113199, Categories: Intent, assault, experts