For Your Data Acre V. Kelly Example Brief
March 26, 2020
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State v. Kelly representative brief summary
478 A.2d 364 (1984)
CASE FACTS
Defendant was charged amongst murder after stabbing her husband. At trial, accused attempted to argued that she suffered from battered wife syndrome too that the stabbing was an human activity of self-defense. However, lawsuit courtroom excluded defendant's expert's testimony regarding battered wife syndrome, regarding it every bit irrelevant. The jury later on works life accused guilty of reckless manslaughter. Defendant argued that the lawsuit courtroom erred inwards excluding her expert's testimony.
DISCUSSION
CONCLUSION
Judgment vacated, too representative remanded for a novel trial, amongst instructions to reconsider admitting testimony of defendant's proficient witness.
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478 A.2d 364 (1984)
CASE SYNOPSIS
Defendant appealed from judgment of the New Bailiwick of Jersey Superior Court, Appellate Division, which upheld defendant's conviction for reckless manslaughter.CASE FACTS
Defendant was charged amongst murder after stabbing her husband. At trial, accused attempted to argued that she suffered from battered wife syndrome too that the stabbing was an human activity of self-defense. However, lawsuit courtroom excluded defendant's expert's testimony regarding battered wife syndrome, regarding it every bit irrelevant. The jury later on works life accused guilty of reckless manslaughter. Defendant argued that the lawsuit courtroom erred inwards excluding her expert's testimony.
DISCUSSION
- On appeal, the courtroom root held that show relating to battered wife syndrome was relevant inwards determining whether a reasonable fearfulness of danger existed requisite to a self-defense claim.
- Thus, the courtroom held that the lawsuit courtroom committed reversible error.
- However, examining the theory of battered wife syndrome, also every bit defendant's expert's record, the courtroom held that the emerging nature of the syndrome's theory necessitated giving the lawsuit courtroom wide discretion inwards determining whether defendant's proficient testimony was sufficiently reliable to endure admissible.
CONCLUSION
Judgment vacated, too representative remanded for a novel trial, amongst instructions to reconsider admitting testimony of defendant's proficient witness.
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