People v. Dabish

Full title: PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. PETER NORMAN DABISH, Defendant-Appellant.

Court: STATE OF MICHIGAN COURT OF APPEALS

Date published: Aug 13, 2013

Facts

The defendant was convicted of torturing and killing 23-year-old Diana DeMayo (“Diana”), who died from multiple blunt force injuries on the morning of March 11, 2010. The defendant and Diana had been involved in a relationship, but the nature of that relationship was disputed. The defendant denied that he was romantically involved with Diana at the time of her death.

On March 7, 2010, Diana and the defendant went to Diana’s father, Edward DeMayo’s (“DeMayo”), home for dinner, but the event did not go well because Diana and the defendant were both under the influence of drugs. DeMayo confronted the defendant about his behavior at dinner and expressed his displeasure with both the defendant’s and Diana’s conduct.

Issue

Decision

The defendant argues that the trial court erroneously limited Dr. Dragovic’s expert testimony, which is not supported by the record. The court’s restrictions on Dragovic’s use of legal terms infringed on the defendant’s right to offer testimony on ultimate issues to be decided by the jury, as per MRE 704, Lyons, and Drossart. The trial court only prohibited Dr. Dragovic from offering legal conclusions, not medical opinions related to the legal issues.

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