What is the test for admitting opinions on guilt or innocence by a lay witness?
California, United States of America
The following excerpt is from People v. Cole, E055228 (Cal. App. 2013):
Torres (1995) 33 Cal.App.4th 37, 46-47.) "[O]pinions on guilt or innocence are inadmissible because they are of no assistance to the trier of fact[, because] the trier of fact is as competent as the witness to weigh the evidence and draw a conclusion on the issue of guilt." (Id. at p. 47.) A trial court's ruling concerning admitting a lay witness's opinion testimony is reviewed for an abuse of discretion. (People v. Thornton (2007) 41 Cal.4th 391, 429.)
"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
Is a witness's opinion or opinion intertwined with the witness statements? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Is a witness not entitled to an opinion concerning the guilt or innocence of a defendant? (California, United States of America)
Can a former witness be admitted as a witness in evidence at trial? (California, United States of America)
Can a witness not express an opinion on a defendant's guilt? (California, United States of America)
What is the test for admitting to the Court of Appeal that a defendant admitted that he was a witness to the murder trial? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Is an expert's opinion about a defendant's guilt or innocence admissible? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
