People v. Murphy.
2021 CO 22. No. 19SC409. Opinion Evidence—Matters of Common Knowledge or Observation.
April 12, 2021
In this case, the Supreme Court reviewed a Court of Appeals’ decision holding that the trial court improperly admitted certain testimony from a police officer as lay opinion.
The Court held that the trial court did not abuse its discretion by admitting the officer’s testimony as lay opinion because the testimony rested on rationally drawn conclusions that the officer derived from his observations and perception of the witness’s body language. The Court further held that the officer’s passing reference to his training and experience did not render the testimony expert opinion under CRE 702, nor did the officers testimony improperly comment on the credibility of another witness.
The Court of Appeals’ judgment was reversed.