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Midlands case law

available case law for midlands

QuestionAnswer
State v. Jeffries extreme recklessness can prove murder. no intent needed.
State v. Maddox A case can still pursue murder even if testimony seems to indicate that it is only reckless or negligent.
State v. Boris DUI does not equal extreme recklesssness.
State v. Harding negligence can be manslaughter where actions are worse than typical vehicular homocide.
State v. Monarch Prosecution bears burden to prove "beyond a reasonable doubt." No burden shifting.
State v. Sarobe Reasonable doubt applies to all elements of the crime. A chain of events leading to the conclusion "beyond a reasonable doubt"
Richey v. Bartlett Neither circumstantial/direct evidence should be given more weight than the other
State v. Tamase The jury decides credibility/bias of the witness
State v. Lowe No one can say anything about the defendant not testifying.
Davis v. Adams Scientific tests must be reliable and relevant. Bad conclusions do not invalidate the test.
Tarot v. Merrell Dow Listed factors are helpful to determine expertise but none are REQUIRED to establish expertise; there is no definitive checklist
Kane Software v. Mars Investigation Conclusions must be at least logically related to and/or based upon and included in the affidavit or report provided in AMTA materials. WHEN: an expert starts to expound on conclusions that are contrary to or blatantly missing from their report/affidav
Richards v. Mississippi BBQ An expert witness cannot parrot the underlying facts; they MUST rely upon their expertise when presenting the testimony. You cannot overcome hearsay provisions by presenting evidence through the expert witness.
Diamond Design Productions v. Foundation Witnesses cannot offer legal conclusions.
State v. Harper A police officer can force someone to complete a Field Sobriety Test or Breath Test. Refusal can be used as evidence of consciousness of guilt
Created by: cheryl_mdonahue