Evidence-Wellborn SU2006 Outline

Defendant asserts that the court erred in admitting

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Unformatted text preview: and rendition of observations; admissible conclusion Ex: It smelled like marijuana shorthand rendition of observations; admissible conclusion The eyewitness should have been allowed to testify that the shooting was unintentional because 1) he had personal knowledge and 2) sounds like a shorthand rendition helpful.....you see a shooting, your processed perception tells you that it is unintentional...if you are told you can't say that, because it's an opinion or conclusion, it's going to be very hard to tell the jury what you are trying to say. KEY: When an objection is made that a lay witnesses testimony is opinion you must ask yourself: Is it practicable for that lay witness to give us more detailed testimony??" "It smells like marijuana" can't really get any more detailed than that... KNOW THIS!!! Testimony by Experts [FRE 702] FRE 702: Testimony by Experts If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if: The testimony is...
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