California, United States of America
The following excerpt is from People v. Aguilar, F065184 (Cal. App. 2013):
Evidence Code section 800 allows admission of the opinion of a witness who is not an expert if the opinion is "[r]ationally based on the perception of the witness" and "[h]elpful to a clear understanding of his testimony." (Evid. Code, 800.) At the same time, "[g]enerally, a lay witness may not give an opinion about another's state of mind. However, a witness may testify about objective behavior and describe behavior as being consistent with a state of mind." (People v. Chatman (2006) 38 Cal.4th 344, 397.) We review the trial court's ruling for abuse of discretion. (People v. Thornton (2007) 41 Cal.4th 391, 429.)
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