Can a lay witness give opinion testimony?
California, United States of America
The following excerpt is from People v. Rougely, 2d Crim. No. B294505, C/w No. B294518, C/w No. B294579 (Cal. App. 2020):
"A lay witness may offer opinion testimony if it is rationally based on the witness's perception and helpful to a clear understanding of the witness's testimony. (Evid. Code, 800.) '[T]he identity of a person is a proper subject of nonexpert opinion . . . .'" (People v. Leon (2015) 61 Cal.4th 569, 601 (Leon).) We review the trial court's ruling for abuse of discretion. (Id. at p. 600.)
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