CASE LAW UPDATE:  Whether the trial court erred in excluding defendant’s medical opinion expert?

Defendant was convicted of 2nd degree felony assault.  On appeal, he argued that the trial court prejudicially erred in excluding medical opinion testimony on the cause of defendant’s injury, which he proffered to support his self defense claim.  The Minnesota Court of Appeals concluded that defendant violated a discovery rule by failing to disclose the medical opinion testimony before trial.  Further, any error was harmless beyond a reasonable doubt on the grounds that even if the medical opinion was admitted, it would not have changed the jury’s verdict.  Affirmed.

State v. Silva, A19-1768, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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