Simpson v. State

I would deny rehearing and let stand our original decision to reverse and remand this case. The simple fact of the matter is that, on a number of occasions, Arkansas appellate courts have upheld lay-opinion testimony in clearly analogous situations where the evidence has been submitted by the State. Simpson’s counsel made this argument to the trial court, and specifically cited the trial court one of these cases, Mathis v. State, 267 Ark. 904, 591 S.W.2d 679 (Ark. App. 1979).

On appeal, Simpson argues that the trial court erred in refusing to allow the opinion testimony of the eyewitness to…