Hey,I mentioned it too :maddening:
There's a great post by Desdemona on the duct tape thread. The Buenoano case was cited in Huck. That was PROSECUTOR Belvin Perry's case :woohoo:
ETA HUCK CASE
Thread: 2009.10.09 Duct Tape Photos From Remains Released
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Old Yesterday, 11:12 PM
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Desdemona Desdemona is offline
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Originally Posted by ynotdivein View Post
Hey Pink Panther. Today, there was not any discussion about this. IIRC, Dr. Garavaglia indicated in the autopsy report that the duct tape was placed "peri-mortem"--meaning either shortly before or shortly after death.
IMO the SA is being fairly methodical about presenting information to the jury, and so I expect to see Dr. Garavaglia testify sometime tomorrow.
Here is a link to the WS thread where Huck vs. Florida has been previously discussed, addressing the issue of duct tape being applied before or after death, and the affirmed assumption by the expert witness that it was applied antemortem, based on the concept of what is reasonable versus unreasonable.
Implications of Huck Case Ruling RE: duct tape on nose and mouth - Websleuths Crime Sleuthing Community
In Huck, it is stated that in a circumstantial case, the State may assert reasonable assumptions as to the evidence, and has no obligation to refute unreasonable claims by the Defense. In this case, the unreasonable claim was that duct tape had been applied to the victim's eyes and mouth AFTER death. The appeals court decision stated that it was NOT reasonable to assume duct tape had been applied to someone already deceased, but that the State was right to contend that the duct tape had been applied during the commission of the murder.
Page 13
http://www.denverda.org/DNA_Documents/Huck.pdf
P.S. The Huck ruling, citing Buenoano v. State and Butts v. State, also says:
The Florida Supreme Court has held that "expert medical testimony as to the cause of death need not be stated with reasonable certainty in a homicide prosecution and is competent if the expert can show that, in his opinion, the occurrence could cause death or that the occurrence might have or probably did cause death."
Same document as above, see pages 19-21.
http://www.denverda.org/DNA_Documents/Huck.pdf
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