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Testimony References
Dr. Harper's deposition, which the court said did not identify an overt act; Owens disputed the questioning and characterization
During Day 4 argument, the court said Dr. Harper's deposition contained no testimony identifying an overt act and no response to questions about imminent fear. Owens maintained that the defense had been forced to disclose the overt act underlying its self-defense position.
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The court cited the deposition when explaining its assessment that no overt act had been identified in the earlier discussion of battered spouse syndrome evidence.