Please ensure Javascript is enabled for purposes of website accessibility

Abuse of Discretion

By: Derek Hawkins//September 11, 2017//

Abuse of Discretion

By: Derek Hawkins//September 11, 2017//

Listen to this article

7th Circuit Court of Appeals

Case Name: United States of America v. Aldo Brown

Case No.: 16-1603

Officials: FLAUM, ROVNER, and SYKES, Circuit Judges

Focus: Abuse of Discretion

The jury found Brown guilty. He challenges his conviction, arguing that the judge wrongly excluded his expert witness. We reject this argument and affirm. Expert testimony about police standards may appropriately assist the jury in resolving some excessive-force questions, but sometimes evidence of this type is unhelpful and thus irrelevant, particularly when no specialized knowledge is needed to determine whether the officer’s conduct was objectively unreasonable. The misconduct alleged here was easily within the grasp of a lay jury, so the judge did not abuse her discretion in excluding the expert.

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests