Monday, December 17, 2012

Fourth Circuit -- US v. Kristen Smith

Possible error in allowing expert testify without prior disclosure as to generic alcohol metabolization rates was harmless.

Per se requirment in drunk driving statute does not trigger prosc duty to offer a relation-back testimony to establish inebriation at the time of accident - totality suffices.

No error in denying jury instruction on relation back where proof by totality was possible.

US v. Kristen Smith
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.