State v. Sosnowicz
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Decided
- Citation
- 229 Ariz. 90 (App. 2012)
What did the court decide?
In a second-degree murder case where the defense was that running over the victim with a vehicle was an accident, the Arizona Court of Appeals held that the medical examiner should not have been allowed to testify that the manner of death was "homicide." He admitted the classification rested on what police told him, not on specialized medical knowledge, so he was in no better position than the jury to decide accident versus homicide, and jurors could take his opinion to mean the defendant was guilty. The court said a manner-of-death opinion based mainly on the autopsy will often be admissible, while one based largely on witness accounts the jury can judge for itself normally will not be. Because the other evidence was very strong, the error was harmless and the convictions were affirmed.
Why does it matter?
An expert's title does not make every opinion expert testimony. If an opinion simply repeats the police version of events, it may not help the jury and may be excluded. The court noted that Arizona's evidence rules, including Rule 702, were amended effective January 1, 2012.
Where can I read the full opinion?
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