Fore v. State

We reverse a finding of civil contempt against an expert witness because the witness did not violate a court order in executing an affidavit used to support a criminal defendant’s motion for postconviction relief.

Appellant Frank Fore is an expert witness in accident reconstruction. His client was a defendant who had been convicted of DUI manslaughter. In support of the defendant’s motion for postconviction relief, Fore completed an affidavit. It later turned out that this affidavit contained incorrect information, based in part upon Fore’s misinterpretation of a report from Toyota containing…