Can a percipient witness offer opinion testimony?
California, United States of America
The following excerpt is from People v. Elkins, D075724 (Cal. App. 2021):
Such testimony is admissible. A percipient witness may offer opinion testimony when the "witness's impression of what he or she observes regarding the appearance and demeanor of another rests on 'subtle or complex interactions' between them [citation] or when it is impossible to otherwise adequately convey to the jury the witness's concrete observations." (People v. DeHoyos (2013) 57 Cal.4th 79, 130.) A percipient witness's
Page 33
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a percipient witness offer opinion testimony? (California, United States of America)
Can a lay witness give opinion testimony on the identification of a witness? (California, United States of America)
Is lay opinion testimony by a percipient witness admissible? (California, United States of America)
When a witness testifies as a percipient witness rather than an expert, can you disregard any opinion that you find unbelievable, unreasonable or unsupported? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Is it improper for a prosecutor to offer assurances that a witness is credible or to suggest that evidence available to the government but not before the jury corroborates the testimony of the witness? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
Is a witness's opinion or opinion intertwined with the witness statements? (California, United States of America)
Does the confrontation clause in civil law bar testimony from a witness in a witness testimony? (California, United States of America)
