Moffett v. State

This appeal presents the question of whether the trial judge abused his discretion in excluding a witness' testimony concerning a state's exhibit, where defense counsel had allowed the witness to enter the courtroom and view the exhibit during a recess in the trial. Because we find that the trial judge did abuse his discretion in excluding testimony of the witness, we reverse and remand for a new trial.

FACTS

On the evening of March 2, 1985, John R. Walker, a financial consultant with a law degree and a Ph.D. degree in clinical psychology, was driving south on Highway 15 from Louin,…