Abuse of Discretion Expert Testimony.

Byline: Derek Hawkins

WI Supreme Court

Case Name: State of Wisconsin v. Timothy E. Dobbs

Case No.: 2020 WI 64

Focus: Abuse of Discretion Expert Testimony

The petitioner, Timothy E. Dobbs, seeks review of the court of appeals' decision affirming his judgment of conviction for homicide by intoxicated use of a vehicle. Dobbs raises two issues on appeal. First, Dobbs asserts that the circuit court improperly excluded the expert testimony of Dr. Lawrence White. Second, Dobbs claims that the circuit court erred in denying his motion to suppress statements that he made to law enforcement because he was subject to custodial interrogation and not read the Miranda warnings, or, in the alternative, because his statements were not voluntarily made.

We conclude that the circuit court properly exercised its discretion when it excluded Dr. White's exposition testimony for a lack of fit with the facts of Dobbs's case. Additionally, although we determine that several of Dobbs's statements should have been suppressed because he was subject to custodial interrogation and was not read the Miranda warnings, we conclude that...

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