_, 2021-NCCOA-700 (2021) (no abuse of discretion in allowing officer to give lay opinion identifying defendant's vehicle in surveillance video, based on officer's first-hand knowledge of the car) If the witness’s opinion is merely an assertion “which amount to little more than choosing up sides, exclusion for lack of helpfulness is called for by the rule.” G.S. However, to be admissible under Rule 701(b), a lay opinion still must be genuinely helpful to understanding the witness’s testimony or determining an issue in the case. The current test for admissibility under Rule 701(a) is less demanding than the old common law rule, which only allowed lay opinion testimony when it was “necessary” because the “articulation of more primary components impossible or highly impracticable.” G.S.
The jury decides how much weight should be given to the lay opinion testimony. See also the related Evidence entry on Personal Knowledge. 461 (2011) (no error in excluding defendant's lay opinion about whether he would have been able to stop the vehicle even if he had not been impaired since no foundation was laid to show how defendant, in his intoxicated condition, would have had a basis for forming such an opinion). Davis showed the weapons to defendant that she heard defendant explain his need for a firearm that she noticed that weapons were missing from the house after defendant departed and that afterwards she saw that her husband had a substantial amount of cash") with State v. 382 (2009) (witness's inference that a firearms sale had taken place, even though she did not directly witness it, was a permissible lay opinion under Rule 701 based on her observations that "her husband had procured firearms after speaking with defendant that when defendant and Malanowski arrived, Mr. Rule 701 permits a lay witness to testify in the form of “opinions or inferences,” subject to two important limitations: (a) the testimony must be “based on firsthand knowledge or observation” and (b) it must be “helpful in resolving issues” related to facts or testimony in the case. (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. (a) rationally based on the perception of the witness and If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are We invite former victims of Brother Laidlaw to contact us to tell us confidentially what information they may have, and we will explain what options are available to help with these cases.Ĭall us or complete the confidential enquiry form below.Rule 701 – Opinion Testimony by Lay Witness Moody Law has in the past represented a client who made allegations of sexual abuse against Brother Laidlaw while he was a teacher at Christian Brothers College Perth. St Joseph’s Christian Brothers College in Warrnambool. It is known that Brother Laidlaw taught at the following schools: Laidlaw has been reported to have taught at the following Christian Brothers secondary schools: The children were boys he coached for sport and occurred in the change rooms and in his bedroom at his residence on the school grounds. Brother John Laidlaw (current Christian Brother - aged 80) pleaded guilty on 18 July 2019 to five charges of indecent assault and two charges of sexual penetration of a child between 19. These were in relation to sexual abuse that occurred while he was at Christian Brothers College, Warrnambool in south-western Victoria.
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