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McCLAIN v. STATE

No. 49A02-9511-CR-695.

670 N.E.2d 911 (1996)

David McCLAIN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Granted January 8, 1997.

Attorney(s) appearing for the Case

Gregory Bowes, Indianapolis, for appellant-defendant.

Pamela Carter, Attorney General of Indiana and Andrew L. Hedges, Deputy Attorney General, Indianapolis, for appellee-plaintiff.

OPINION

FRIEDLANDER, Judge.

Upon interlocutory appeal, David McClain challenges the granting of the State's motion in limine in his criminal trial, which excluded expert testimony regarding McClain's ability to form criminal intent on the night in question. The trial court certified the following issues for appeal:

1. Did the trial court err in granting the State's Motion in Limine, excluding evidence of expert testimony about the capacity of the...

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