WI v. Theodore Edgecomb - Motion Hearing | Summary and Q&A

TL;DR

The defense and prosecution argue over the admissibility of expert testimony and evidence in the upcoming trial.

Key Insights

• 😥 The admissibility of expert testimony and evidence is a recurring point of contention between the defense and prosecution.
• 🤳 The defense seeks to introduce evidence that they believe supports their self-defense claims and challenges the credibility of the alleged victim.
• 🛝 The prosecution argues for the exclusion of certain evidence and testimony, contending that they are irrelevant, unreliable, or potential grounds for prejudice.

Transcript

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Questions & Answers

Q: What is the defense's argument for calling Mr. Burnham as an expert witness?

The defense believes that Mr. Burnham's testimony on what constitutes a threat would help the jury understand the defendant's perception of danger and self-defense claims.

Q: Why does the defense object to the use of the term "victim" by the prosecution?

The defense argues that using the term "victim" before the jury has made a determination implies guilt and violates the defendant's presumption of innocence.

Q: What evidence does the defense seek to introduce from the witness regarding the alleged victim's behavior?

The defense wants to present reputation and opinion evidence from a witness who claims to have observed the alleged victim's behavior in bar settings, providing insights into his character and habits.

Q: Why does the prosecution object to the witness's testimony?

The prosecution argues that the witness's testimony is unreliable and that she lacks credibility, making her observations and allegations of inappropriate behavior by the alleged victim inadmissible.

Summary & Key Takeaways

• The defense seeks to call Mr. Burnham, an expert witness, to testify on what constitutes a threat, but the prosecution objects, arguing that his testimony is irrelevant to self-defense claims.

• The defense also requests the exclusion of certain photographic evidence, arguing that it may unfairly prejudice the jury.

• The defense objects to the prosecution's use of the term "victim" to refer to the deceased, asserting that it implies guilt before the jury can make a determination.

• The defense seeks to introduce reputation and opinion evidence from a witness who claims to have observed the alleged victim's behavior in various bar settings.

• The prosecution argues that the witness's testimony is not reliable and should not be admitted.