REVERSED ON APPEAL: 18th District Court in Westland

Discovery is not permitted in misdemeanor cases, but the district court judge ordered it in a case where the client and I intended to present expert testimony.  We intended to produce Dr. Ron Henson, an expert witness from Illinois regarding the impact that GERD has on the accuracy and reliability of a breath test.  This is not exactly controversial, since numerous studies have shown that gastroesophygeal reflux disease can inflate breath test scores. The prosecutor called it "junk science" and demanded that we produce expert witness reports and articles.