CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Lay Opinion
.........When Permitted
 14 Cards On This Topic:
  • Permissible bases for admission of lay opinion testimony, lay witness may give opinion where helpful to understanding of testimony and based upon witness' own perception.
  • Harmless error, if any, to restrict opinion testimony of lay Ws where the substance of all excluded testimony was before the jury either in slightly different forms from these Ws or from other Ws.
  • O's testimony as to how he came to consider D a suspect, based on observations of a poster photo, and knowledge of crime near where D lived, was based on O's perceptions and helpful for jury's understanding.
  • W's impression rested on subtle or complex interactions between V1 and D that were difficult to put into words, which would render his opinion on whether D was directing V1 proper under EC 800(b).
  • Lay opinion re D's seeming drug intoxication inadmissible where D did not establish a foundation.
  • Trial ct. acted well within its discretion in permitting lay opinion testimony of correctional sergeant with 15 yrs. experience
  • An officer may testify as to the significance of a defendant's performance on an HGN field sobriety test without separate expert testimony.
  • Opinion testimony may be based on hearsay as long as it is reasonably reliable.
  • When nature of condition of area can best be described by opinion, lay witness who observed may testify in those terms.
  • Lay witness can testify as to matters in his personal knowledge and even certain "general impressions," if details observed too complex or too subtle for concrete description by witness.
  • Lay opinion permitted where subject of inquiry one of common knowledge such that expert not required.
  • Where details of observation or recollection are particularly subtle or complex, opinion is admissible.
  • Experts may express or explain opinions in informal manner jury understands without it amounting improper lay opinion re character.
  • Cases discussing various aspects of the admissibility of lay opinion.


    •