Can a lay witness give opinion testimony identifying defendants in surveillance footage?
California, United States of America
The following excerpt is from People v. Morris, H046686 (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. [Citation.] '[T]he identity of a person is a proper subject of nonexpert opinion . . . .' [Citations.]" (People v. Leon (2015) 61 Cal.4th 569, 601 (Leon).) Appellate court "decisions have long upheld admission of testimony identifying defendants in surveillance footage or photographs." (Ibid.)
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