- Court: Oregon Supreme Court
- Area(s) of Law: Evidence
- Date Filed: 11-17-2016
- Case #: SC063856
- Judge(s)/Court Below: Brewer, J.
The trial court excluded expert testimony proffered by Defendant on the ground that it was not helpful to the jury pursuant to OEC 702. The Court of Appeals reversed based on a sufficient nexus between the expert testimony and support for factfinder’s determination. In order for expert testimony to be helpful, it “must assist a trier of fact to understand the evidence or to determine an issue of fact that it may not be able to understand or determine as well on its own” Yundt v. D & D Bowl, Inc., 259 Or 247,258, 486 P2d 553 (1971). Held: Because the expert testimony did not provide evidence for the inference the defense wanted to jury to draw, the trial court did not err in excluding the testimony. The judgment of the circuit court affirmed.