Midlands case law Word Scramble
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Question | Answer |
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
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