Section 10.28 Admissibility of Opinion Evidence

• Library: Criminal Practice 2012 Supp

I. (§10.28) Admissibility of Opinion Evidence

Witnesses should not give their opinions of the truth of a statement by another witness, though they may do the same thing in effect by denying the fact stated. State v. Savory, 893 S.W.2d 408 (Mo. App. W.D. 1995).

Generally, a lay witness may not testify as to an opinion on a matter in dispute because, when the witness does not possess specialized knowledge on the matter, the lay witness and the jury are in equal positions to form an accurate opinion. But lay...