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Expert Testimony on Cause of Death OK In Death-Resulting Prosecution

By Jonathan Byrne

US v. Campbell:  Campbell and his codefendants, including Washington, were charged with a large heroin-distribution conspiracy and ?related substantive-drug-distribution? offenses. One of those offenses charged Washington with distributing heroin that caused the death of a young woman. Washington was convicted on that count (and others) and sentenced to 264 months in prison.On appeal, the Fourth Circuit affirmed the convictions and sentences. With regard to Washington?s death-resulting conviction, he argued that the district court erred by allowing a Government expert witness to testify as to the young woman?s cause of death, as it was testimony about the ?ultimate issue? and was not helpful to the jury. After noting that evidence addressing the ?ultimate issue is no longer categorically inadmissible? under the Rules of Evidence, the court held that the expert?s testimony that Washington?s heroin was the ?but for? cause of the young woman?s death was not improper...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).