Gregory Council v. State
98 So. 3d 115
Fla. Dist. Ct. App.2012Background
- Appellant was convicted of aggravated child abuse.
- Appellant challenged two trial-court rulings on appeal.
- First, exclusion of biomechanics expert Dr. John Lloyd’s causation testimony.
- Second, sufficiency/consistency of circumstantial evidence for acquittal judgment.
- The court affirms the circumstantial-evidence ruling and reverses the exclusion ruling, remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was exclusion of Lloyd testimony error? | Swanson argues Lloyd’s causation testimony was admissible. | State contends biomechanics opinion not a medical opinion and non-helpful. | Yes; trial court abused discretion |
| Did exclusion of Lloyd affect verdict notwithstanding other testimony? | Swanson asserts Lloyd could support accident theory and negate intent. | State argues harmless beyond a reasonable doubt. | No; reversal for new trial |
| Is the circumstantial-evidence sufficiency affirmed? | Swanson claims circumstantial evidence was not inconsistent with innocence. | State asserts evidence supports conviction beyond reasonable doubt. | Affirmed on this issue |
Key Cases Cited
- Stockwell v. Drake, 901 So.2d 974 (Fla. 4th DCA 2005) (biomechanics as causation evidence where mechanism within biomechanics)
- Mattek v. White, 695 So.2d 942 (Fla. 4th DCA 1997) (biomechanics; admissibility context for causation)
- Houghton v. Bond, 680 So.2d 514 (Fla. 1st DCA 1996) (biomechanics used to attribute injuries to specific mechanism)
- Behn v. State, 621 So.2d 534 (Fla. 1st DCA 1993) (biomechanics expert admissibility regarding causation)
- Bryant v. Buerman, 739 So.2d 710 (Fla. 4th DCA 1999) (reversible error for excluding key biomechanics testimony)
- Barfield v. State, 880 So.2d 768 (Fla. 2d DCA 2004) (evidence admissibility aiding jury on contested facts)
- DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (harmless-error standard for reviewing evidentiary rulings)
- McCray v. State, 919 So.2d 647 (Fla. 1st DCA 2006) (trial-court discretion limited by evidence code)