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Maine (2011/2012/2019)

State v. Kimball 117 A.3d 585 (2015)

Statements made to a paramedic were admissible as medical diagnosis and non-testimonial.

State v. Perry, 159 A.3d 840 (2017)

The defendant was convicted 3 counts of aggravated assault and sentenced consecutively. Evidence demonstrated a prolonged assault, including strangulation to loss of consciousness, urination and defecation, fractured wrist, being cut with a knife and being beaten against a wall and toilet. Attempted Murder could have been charged.

Challenged the testimony of a forensic nurse concerning strangulation. Strangulation is common knowledge and not necessary. No abuse of discretion

Medical expert helped the jury understand the evidence, the difference between choking and strangulation and the physiological effects, and signs & symptoms of strangulation. The expert did not review any of facts of the case and did not give an opinion as to whether or not the victim had been strangled but simply testified about strangulation generically. Essentially, she served as a “blind” witness.

State v. Treadway, 2020 ME 127, ¶ 6, 240 A.3d 66, 69

A forensic nurse gave expert testimony about the difference between what it means to “choke” vs. “strangle” as well as describing signs and symptoms of strangulation.

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