Dec. 6 – EvidenceProf Blog
Professor Colin Miller authored blog:
In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
But let’s say that a lay witness wants to offer opinion testimony on a criminal defendant’s mental state? Is such testimony admissible? According to the recent opinion of the Tenth Circuit in United States v. Abramson-Schmeiler, 2011 WL 5925582 (10th Cir. 2011), the answer is “yes.” I disagree.
Read more: Tax Master? 10th Circuit Finds Lay Opinion Testimony Doesn’t Violate Rule 704 (b)
