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Abuse of Discretion – Expert Testimony

By: Derek Hawkins//September 12, 2018//

Abuse of Discretion – Expert Testimony

By: Derek Hawkins//September 12, 2018//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Natalie N. Murphy

Case No.: 2017AP1559-CR

Officials: Sherman, Blanchard and Fitzpatrick, JJ.

Focus: Abuse of Discretion – Expert Testimony

Natalie Murphy was convicted at a jury trial of first-degree reckless homicide and second-degree recklessly endangering safety in the Juneau County Circuit Court. Murphy appeals her conviction, arguing that the circuit court erroneously exercised its discretion in making two evidentiary rulings. First, she contends that the circuit court erroneously exercised its discretion in excluding the testimony of her firearms expert. Second, Murphy argues that the circuit court erroneously exercised its discretion in not excluding the expert testimony of one of the State’s rebuttal witnesses.

We conclude that the circuit court properly exercised its discretion in excluding the testimony of Murphy’s proffered firearms expert. We also conclude that the circuit court properly exercised its discretion in overruling Murphy’s objection to the first question posed to the State’s expert on rebuttal, and that Murphy forfeited her opportunity to challenge on appeal the answer to the second question posed to the expert on rebuttal because she did not object to that particular question at the time it was posed. Accordingly, we affirm the rulings of the circuit court.

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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.

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