State v. Merchant

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Appellant was charged with the unlawful sale or purchase of a motor vehicle by acting as a motor vehicle dealer, auction dealer, motor vehicle salesperson, or dealer’s agent without the required license. After a jury trial, Appellant was convicted. The Supreme Court remanded the case for a new trial due to improper admission of expert testimony. After a second jury trial, Appellant was again convicted. On appeal, Appellant argued that the jury instructions misstated the definition of motor vehicle dealer. The Supreme Court agreed with Appellant and again reversed, holding (1) in order to qualify as a motor vehicle dealer, a person must be actively and regularly engaged in one of the statutory enumerated acts; and (2) the instructions given at Merchant’s second trial omitted this requirement from the elements of the offense. Remanded for a new trial. View "State v. Merchant" on Justia Law