Legal Opinion

Demeniuk v. State

District Court of Appeal of Florida

Decided September 14, 2007No. 5D06-401Published

1Opinion of the CourtPleus, J.

Leslie Demeniuk appeals her convictions for the first degree murder of her twin four year-old sons. She argues that the trial court erred by (1) limiting the scope of her expert testimony regarding her insanity defense; (2) denying her motion to exclude a State expert who had surreptitiously assisted the State during a deposition of one of her experts; and (3) denying her proposed jury instructions on involuntary intoxication and excusable homicide. We affirm.

On the first issue, Demeniuk’s contention that her experts’ testimony was not subject to Frye v. United States, 293 F. 1013…

2Cases cited4 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. Stephens v. StateSupreme Court of Florida · 2001
  3. State v. DemeniukDistrict Court of Appeal of Florida · 2004
  4. State v. BudinaDistrict Court of Appeal of Florida · 2004

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