Abuse of Discretion – Expert Testimony

By: Derek Hawkins//August 31, 2021//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. James M. Burke

Case No.: 2020AP465-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Abuse of Discretion – Expert Testimony

James Burke appeals a judgment of conviction, entered upon a jury’s verdict, for physical abuse of a child by intentionally causing bodily harm. Burke argues he is entitled to a new trial because the circuit court erroneously prohibited his expert witness from testifying regarding the professional understanding of the nature of memory and research on false allegations by children. We conclude the court did not erroneously exercise its discretion when it concluded the proposed expert testimony would not assist the jury. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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