Bar Exam (U.S) Evidence: Dr. Thomas Rodney, aged 34, is charged with the murder of his wife, Rac...

Question

Dr. Thomas Rodney, aged 34, is charged with the murder of his wife, Rachelle. The prosecution alleges that on December 17, 1997, Dr. Rodney murdered his wife by giving her a massive injection of succinylcholine while she was asleep. Succinylcholine is a drug used in small quantities by anesthesiologists as a muscle relaxant. The prosecution claims that the fatal dose given Rachelle so totally relaxed her lung muscles that she suffocated. Further allegations claim that Dr. Rodney's principal motive was to collect his wife's $500,000 life insurance policy under which he was the named beneficiary.

Dr. Van Buren, a state toxicologist, testified that after the autopsy he detected traces of succinic acid and choline, the components of succinylcholine, in Rachelle's brain tissues. Over defense objections, he testified further that, in his opinion, Rachelle's cause of death was succinylcholine poisoning. On cross-examination, Dr. Van Buren admitted that up until his findings, it had been universally accepted in the medical community that succinylcholine would be undetectable in the brain within a few minutes of its injection. He also admitted that his methods of detecting succinylcholine were experimental and that his results were not presently publishable because they were not complete enough. The defense attorney then makes a motion to strike Dr. Van Buren's testimony regarding Rachelle's cause of death. The court will most likely

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    grant the motion, since Dr. Van Buren's opinion could not be substantiated
  2. B
    Correct Answer
    grant the motion, since Dr. Van Buren was not properly qualified as an expert
  3. C
    Correct Answer
    deny the motion, since Dr. Van Buren was qualified as an expert in medical matters
  4. D
    Correct Answer
    deny the motion, since he was qualified to give an opinion on the ultimate issue of the case
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