Legal Opinion · Concurrence

Williams v. State

Court of Appeals of Arkansas

Decided May 2, 2012No. CA CR 11-857Published

1ConcurrenceHart, J.

I agree that this case should be affirmed, but I write separately because I cannot subscribe to the majority’s rationale for affirming the trial court’s decision to allow a state trooper to give “lay opinion” testimony that the $418 found on Williams at the time of his arrest indicated that he was a drug dealer. I nonetheless would affirm on this point because, even though the trial court clearly abused its discretion in admitting the testimony, the error was harmless.

The majority opinion blurs the distinction in our rules of evidence between lay opinion and expert opinion. They are not the…

2Cases cited15 opinions

  1. Fairow v. StateCourt of Criminal Appeals of Texas · 1997
  2. State v. JohnsonSupreme Court of New Jersey · 1990
  3. People v. SteffensAppellate Court of Illinois · 1985
  4. Commonwealth v. AustinMassachusetts Supreme Judicial Court · 1995
  5. State v. CarterLouisiana Court of Appeal · 1996

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API