Aaron Browning v. David Hickman

No. 13-1116 - Aaron Browning v. David Hickman FILED June 10, 2015 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Davis, Justice, joined by Benjamin, Justice, dissenting: In this civil appeal, the majority has upheld two evidentiary rulings made by the circuit court: one ruling admitted the audio recording of a 911 call and the other excluded opinion testimony by a law enforcement officer. For the reasons explained below, I strongly disagree with both of these conclusions. A. Inadmissibility of 911 Recording The circuit court found the 911 recording was admissible under West…