State v. Wendt

“A witness needs to demonstrate her expertise relative to the topic about which she is asked to make her statement” which can be proven with “specialized knowledge” through professional experience under OEC 702. Meyer v. Harvey Aluminum, 263 Or 487 (1972). State v. Woodbury, 289 Or App 109 (2017).

Defendant appealed a judgment of conviction for manslaughter in the second degree and two counts of assault in the fourth degree. Defendant assigned error to the trial court allowing the nurse who drew the Defendant’s blood to give opinion testimony in regard to consumption of alcohol while taking antiseizure medication. On appeal, Defendant argued that the nurse was not qualified as an expert under OEC 702. In response, the State argued that she did qualify as an expert witness based on her training and experience and that OEC 702 did not require any specialized degree of knowledge. “A witness needs to demonstrate her expertise relative to the topic about which she is asked to make her statement” which can be proven with “specialized knowledge” through professional experience under OEC 702. Meyer v. Harvey Aluminum, 263 Or 487 (1972). State v. Woodbury, 289 Or App 109 (2017). The Court held that there was “insufficient evidence on the record” that established that the nurse had relevant experience or specialized knowledge. Reversed and remanded.