rule-701

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-8404 Andre Brown and Anthony Wilson v. United States Ninth Circuit 2021-06-23 Denied Response WaivedIFP circuit-split coded-language drug-jargon expert-testimony federal-rules-of-evidence law-enforcement-testimony lay-witness rule-701 Whether government agents can testify solely as lay witnesses under Rule 701 of the Federal Rules of Evidence
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay When can law enforcement officers offer lay opinions based on professional experience?
19-8456 Thomas Hopes v. United States Third Circuit 2020-05-14 Denied Response WaivedIFP circuit-split essential-elements evidence-standard federal-rules-of-evidence helpfulness law-enforcement-witnesses lay-opinion-testimony personal-perception rule-701 usurping-jury-role Whether the personal perception and helpfulness requirements of Rule 701 are satisfied where the government's law enforcement witnesses provide lay op…
19-855 Lenin Lugo v. United States Eleventh Circuit 2020-01-08 Denied Amici (1) circuit-split expert-witness expert-witness-testimony federal-rules-of-evidence law-enforcement-opinion lay-witness lay-witness-testimony professional-experience rule-701 rule-702 Whether an opinion of a law enforcement officer that depends on the witness's professional experience is admissible as Rule 701 lay opinion or must me…