Expert Testimony on Cause of Death OK In Death-Resulting Prosecution

US v. Campbell:  Campbell and his codefendants, including Washington, were charged with a large heroin-distribution conspiracy and “related substantive-drug-distribution” offenses. One of those offenses charged Washington with distributing heroin that caused the death of a young woman. Washington was convicted on that count (and others) and sentenced to 264 months in prison.

On appeal, the Fourth Circuit affirmed the convictions and sentences. With regard to Washington’s death-resulting conviction, he argued that the district court erred by allowing a Government expert witness to testify as to the young woman’s cause of death, as it was testimony about the “ultimate issue” and was not helpful to the jury. After noting that evidence addressing the “ultimate issue is no longer categorically inadmissible” under the Rules of Evidence, the court held that the expert’s testimony that Washington’s heroin was the “but for” cause of the young woman’s death was not improper. Such testimony, particularly when medical expertise is involved, are issues “generally well beyond the jury’s common knowledge.” Furthermore, the expert’s use of “but for” was not the use of a technical legal term of art, but “commonly used vernacular.” The court also affirmed the district court’s rejection of Washington’s proposed jury instructions regarding the cause of death.