Wenzel Williams v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 48A05-1407-CR-321

RUSH, Chief Justice.

Indiana Evidence Rule 704(a) generally allows witness opinion testimony to “embrace” an ultimate issue — but as a matter of constitutional right, only a jury may resolve an ultimate issue. And Evidence Rule 704(b) explicitly prohibits, ih criminal cases, witness opinions concerning the ultimate issue of guilt.

In Defendant’s trial for drug dealing, the detective who observed a controlled buy testified, “there’s zero doubt in my mind that that was a transaction for cocaine.” This opinion did not…