Evidence-Wellborn SU2006 Outline

Note texas does not codify daubert exists in case law

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Unformatted text preview: been satisfied will be reversed only for an abuse of discretion. Requirement 1: Opinion must be rationally based on witness' perception: Echoes personal knowledge requirement of rule 602 Mandates that the opinion must be one that a reasonable person COULD draw from the underlying facts. Eliminates opinions based on hearsay, speculation, or irrational reasoning. Requirement 2: Helpful to clear understanding of witness' testimony or to the determination of a fact in issue Random factors affect where a lay witness' opinion meets this test. GOVERNMENT OF THE VIRGIN ISLANDS v. KNIGHT [Opinion Testimony by Lay Witnesses FRE 701] Facts: Knight repeatedly struck Miller's head with a pistol and the gun discharged and killed Miller Procedural Posture: Knight argues that it was reversible error to exclude an eyewitness' and an investigating officer's testimony that the firing of the gun was an accident. Holding: The district court properly excluded the investigating police officer's opinion because he did not observe the assault. District court should not have excluded the opinion of the eye witness: o Shorthand rendition:...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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