State v. Silva
Annotate this CaseAfter a jury trial, Appellant was convicted of gross sexual assault and two counts of aggravated assault. On appeal Appellant challenged the trial court's failure to sanction the State for what he asserted was a discovery violation and the court's exclusion of his computer expert from testifying at trial. The Supreme Court affirmed, holding (1) the court acted well within its discretion in denying Appellant's motion for sanctions; and (2) the court did not exceed its discretion in excluding Appellant's computer expert, given that the delay in supply the expert report to the State was due to Appellant's own failure to pay his expert, the information supplied to the State days before the trial was not complete, and the substantial deference afforded the trial court in determining the admissibility of expert testimony.
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