Michael v. State

782 S.E.2d 479 (2016)

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Michael v. State

Georgia Court of Appeals
782 S.E.2d 479 (2016)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Aimee Michael (defendant) was charged with various crimes related to a multivehicle accident in which she was involved. Michael claimed that another vehicle had tapped her vehicle, setting in motion the accident. Through an expert witness, Michael planned to introduce a computer-animation video depicting how the expert believed that the accident occurred. The trial court granted a motion in limine by the state (plaintiff) to exclude the video on the ground that Michael did not show a sufficient scientific or factual basis for the representation of the accident in the video. Instead of the video, Michael’s expert used pictures and model cars to explain his testimony as to how the accident occurred. Michael was convicted, and she appealed, arguing that the exclusion of the video was improper.

Rule of Law

Issue

Holding and Reasoning (Barnes, J.)

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Casebooks

Evidence

Key Terms

  • Harmless ErrorA ruling by a trial judge, which is later held to be mistaken by a higher court, but which does not warrant reversing or modifying the trial court's judgment.
  • Motion in LimineMeaning motion “on the threshold,” a pretrial motion requesting that certain evidence be allowed, prohibited, or its use limited at trial.
  • Expert WitnessA witness who is qualified to give opinions on a particular subject matter due to specialized knowledge in that subject area beyond that of an average individual.
  • Lay a FoundationAn evidentiary requirement that the party introducing evidence must prove that the evidence is relevant and authentic. To lay a foundation, the party may provide to the judge the qualification of a witness (particularly an expert witness), a document, or another item of evidence that assures the court of the qualifications of the expert or the authenticity of the evidence.
  • Demonstrative EvidenceAny physical evidence that did not play a part in the controversy but instead is used to illustrate or explain the testimony of a lay or expert witness. Demonstrative evidence may include models, illustrations, or physical objects. Demonstrative evidence is also known as illustrative evidence.

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