The jury decides how much weight should be given to the lay opinion testimony. See also the related Evidence entry on Personal Knowledge. 461 (2011) (no error in excluding defendant's lay opinion about whether he would have been able to stop the vehicle even if he had not been impaired since no foundation was laid to show how defendant, in his intoxicated condition, would have had a basis for forming such an opinion). ![]() Davis showed the weapons to defendant that she heard defendant explain his need for a firearm that she noticed that weapons were missing from the house after defendant departed and that afterwards she saw that her husband had a substantial amount of cash") with State v. 382 (2009) (witness's inference that a firearms sale had taken place, even though she did not directly witness it, was a permissible lay opinion under Rule 701 based on her observations that "her husband had procured firearms after speaking with defendant that when defendant and Malanowski arrived, Mr. Rule 701 permits a lay witness to testify in the form of “opinions or inferences,” subject to two important limitations: (a) the testimony must be “based on firsthand knowledge or observation” and (b) it must be “helpful in resolving issues” related to facts or testimony in the case. (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. (a) rationally based on the perception of the witness and If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are ![]() ![]() Rule 701 – Opinion Testimony by Lay Witness
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