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Massie v. State5/26/1998
view, under all of the circumstances, "that a mortician of twenty seven years, duly licensed by this Commonwealth, who has also served in the dual capacity as county coroner for fifteen years, may have specialized knowledge regarding the time of death which would not otherwise be known to a lay individual." Id.
It is well settled in Maryland that Rule 5-702 vests trial judges with wide latitude in deciding whether to qualify a witness as an expert or to admit or exclude particular expert testimony. See Franch v. Ankney, 341 Md. 350, 364, 670 A.2d 951, 957 (1996); Hartless v. State, 327 Md. 558, 576, 611 A.2d 581, 590 (1992); Simmons v. State, 313 Md. 33, 43, 542 A.2d 1258, 1263 (1988); Franceschina v. Hope, 267 Md. 632, 636, 298 A.2d 400, 403 (1973); Crews v. Director, 245 Md. 174, 178-79, 225 A.2d 436, 438 (1967). A trial judge's decision will ordinarily be reversed only if there has been an abuse of discretion. See Franch, 341 Md. at 364, 670 A.2d at 957; Hartless, 327 Md. at 576, 611 A.2d at 590.
The trial court is free to consider any aspect of a witness's background in determining whether the witness is sufficiently familiar with the subject to render an expert opinion, including the witness's formal education, professional training, personal observations, and actual experience. See Manuel v. State, 85 Md. App. 1, 22-23, 581 A.2d 1287, 1297 (1990); Armstrong v. State, 69 Md. App. 23, 29, 515 A.2d 1190, 1193-94 (1986); Fitzwater v. State, 57 Md. App. 274, 281, 469 A.2d 909, 913 (1984).
Time of death is a subject which courts have long recognized as an appropriate one for expert testimony. In the instant matter Kercheval's examination of the deceased's body gave him a sufficient factual basis to support opinion testimony. The trial judge concluded that Kercheval, by virtue of his experience, training, and education, had special knowledge on the subject beyond the experience of the jurors and that Kercheval's opinion would assist the jury. See Md. Evid. R. 5-702. We find no abuse of discretion in the trial court's reaching those HOLDING(S)s.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY THE PETITIONER.
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