State v. Ellis

I agree with the Court’s conclusion on the sentencing issue in Part B of the majority opinion. However, I respectfully dissent from the majority’s holding in Part A.

Sergeant Walters was qualified as an expert in crime scene processing. He testified there was a bullet hole in the left pedal of the victim’s bicycle. He also testified that the bullet holes in the victim’s right pants leg and the ace bandage worn on that leg did not line up with the two superficial wounds in that leg unless the victim’s leg had been bent when he was shot. Over appellant’s objection, Sergeant Walters testified…