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Evidence Keyed to Best
State v. Davis
Citation:
351 Or. 35 (2011).Facts
Davis was charged with the murder of his young daughter, which allegedly occurred from excessive shaking of her. Davis’s defense was that the victim’s injuries were suffered several days before the daughter’s death. Davis called Payne to testify as a lay witness. Payne testified the victim’s appearance was similar to her own daughter’s, who had previously suffered from dehydration and a brain injury. The trial court permitted Payne’s testimony, but limited the testimony only to the victim’s physical appearance prior to her death, and not the medical condition Payne believed the victim to have been suffering.
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5m 29s