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Sunday, March 20, 2016

State v. Scott M. Cain (A-8-14

State v. Scott M. Cain (A-8-14; 074124) 

The testimony of the law-enforcement drug expert expressing an opinion on defendant’s state of mind, more particularly, whether he intended to distribute drugs, exceeded appropriate bounds and encroached on the jury’s exclusive domain as finder of fact. In future drug cases, an expert witness may not opine on the defendant’s state of mind. Whether a defendant possessed a controlled dangerous substance with the intent to distribute is an ultimate issue of fact to be decided by the jury. Defendant’s conviction is reversed and the matter is remanded for a new trial.