Annotations, Discussions, Cases:
Cases Citing Statute 90.701
Total Results: 86
569 So. 2d 1225, 1990 WL 132928
Supreme Court of Florida | Filed: Sep 13, 1990 | Docket: 1190471
Cited 87 times | Published
...terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701(1), (2), Fla....
...Floyd argues that the police officers should not have been permitted to testify to medical matters. We agree that the officers here were not qualified to give such testimony. The opinions expressed by them called for "special knowledge, skill, experience, or training," section 90.701(2), Florida Statutes, which required the state to establish the expertise of the witnesses before the trial court could admit their opinion testimony....
753 So. 2d 9, 2000 WL 14472
Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839
Cited 87 times | Published
...State, 660 So.2d 637 (Fla.1995). Fletcher also testified concerning her opinion of Zack's relationship with Midkiff. She responded affirmatively when asked if the relationship "was one that you would expect between a stepfather and his son." Lay opinion is proper pursuant to section 90.701, Florida Statutes (1995), when: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's...
480 So. 2d 91, 10 Fla. L. Weekly 628
Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 2490528
Cited 55 times | Published
...Gardner further claims that the trial court erred in allowing testimony about the character and personality of Gardner's accomplice Hadley. We disagree. A lay witness may give opinion testimony so long as the opinion testimony does not mislead the trier of fact. § 90.701, Fla....
798 So. 2d 870, 2001 WL 1359470
District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1238844
Cited 51 times | Published
...estimony because of her familiarity with the type of object in question. However, opinion testimony of a lay witness is only permitted if based on what the witness has personally perceived. See Fino v. Nodine, 646 So.2d 746, 748 (Fla. 4th DCA 1994). Section 90.701, Florida Statutes (2000), provides that: If a witness is not testifying as an expert, the witness's testimony about what he perceives may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accu...
...See Taylor v. State, 601 So.2d 1304, 1305 (Fla. 4th DCA 1992). We agree with appellant that the trial court abused its discretion in allowing the state to introduce Officer McGlon's opinion because it was not admissible as either a lay or expert opinion. See §§ 90.701 and 90.702, Fla....
512 So. 2d 922, 12 Fla. L. Weekly 357
Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1517310
Cited 46 times | Published
...ness was again sustained by the court. During proffer McGoogin testified that in his opinion Hutto was encouraging Kight to cut his throat. [3] Kight now argues that McGoogin's lay opinion that Hutto was urging Kight to harm him was admissible under section 90.701, Florida Statutes (1985) because McGoogin was merely testifying as to his perception of Hutto's words and actions. We cannot agree. Although it may have been McGoogin's perception that Hutto was urging Kight to harm him, this is not the type of lay opinion testimony which is admissible under section 90.701. Under section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that "the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceive...
41 So. 3d 151, 35 Fla. L. Weekly Supp. 386, 2010 Fla. LEXIS 1046, 2010 WL 2612348
Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2399677
Cited 44 times | Published
...e was no doubt what he saw. It is not likely that the jury was confused or believed that a thirteen-year-old boy had tested the substance he saw on the ground. Nor is it likely that Ferns could have conveyed what he saw without using the word blood. Section 90.701, Florida Statutes provides: If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy a...
...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....
777 So. 2d 385, 2000 WL 1707103
Supreme Court of Florida | Filed: Nov 16, 2000 | Docket: 1513944
Cited 28 times | Published
...As a general rule, lay witnesses may not testify in the form of opinions or inferences; it is the function of the jury to draw those inferences. Cf. Kersey v. State, 73 Fla. 832, 840, 74 So. 983, 986 (1917); see also Charles W. Ehrhardt, Florida Evidence § 701.1, at 538 (1999 ed.). An exception to this rule is found in section 90.701, Florida Statutes, which permits a lay witness to proffer testimony in the form of an inference and opinion where: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the tr...
...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (1997); see also Kersey, 73 Fla. at 840, 74 So. at 986; Alexander v. State, 627 So.2d 35, 42 (Fla. 1st DCA 1993). Both prerequisites must be satisfied before a lay witness is allowed to testify in the form of an opinion or inference. See § 90.701; Ehrhardt, supra, at 540. There is no claim in this case that Bullock's testimony required specialized skill or training. Accordingly, the second prong of section 90.701 is satisfied....
...A jury bears the responsibility of drawing inferences from facts that are within the ordinary experience of jurors. See McGough v. State, 302 So.2d 751, 755 (Fla.1974). Therefore, generally, a lay witness may not testify in the form of opinion. See Floyd v. State, 569 So.2d 1225, 1232 (1990). Section 90.701, Florida Statutes (1997), permits a lay witness to testify in the form of opinion and inference where the witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party. § 90.701, Fla....
...(b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. The state cases cited were decided under a lay witness statute identical to the Federal Rule of Evidence 701. I do recognize that the language of section 90.701 varies from the language of the lay opinion testimony statutes that were used to decide the cases cited above. However, I do not read the different language of section 90.701 to render inadmissible a lay witness' interpretation of terms unfamiliar to the average juror.
7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262
Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181
Cited 25 times | Published
...Florida's Evidence Code provides that a lay witness may testify in the form of opinion when the witness cannot otherwise accurately communicate what he or she perceived so long as the opinion will not mislead the trier of fact and the opinion is not one that requires special knowledge, skill, experience, or training. § 90.701, Fla....
662 So. 2d 690, 1995 WL 640166
Supreme Court of Florida | Filed: Nov 2, 1995 | Docket: 1711997
Cited 23 times | Published
...ht from wrong because she was not allowed to express her opinion. A nonexpert witness may testify to an opinion about mental condition if the witness had an adequate opportunity to observe the matter or conduct about which the witness is testifying. § 90.701, Fla....
645 So. 2d 389, 1994 WL 540716
Supreme Court of Florida | Filed: Oct 6, 1994 | Docket: 1223255
Cited 21 times | Published
...See Wyatt v. State, 641 So.2d 355 (Fla. 1994). Moreover, the timely objection was well founded because lay witnesses generally are not permitted to offer opinions or inferences, and this inference should have been left for the jury to draw on its own. See § 90.701, Fla....
513 So. 2d 791, 12 Fla. L. Weekly 2416
District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 1295367
Cited 20 times | Published
...Appellant, together with the other defendants, filed a pretrial motion in limine to exclude the testimony of five Metro-Dade police officers. Appellant joined in the argument of the co-defendant, Fields, that: the police officers' testimony would be opinion evidence contrary to section 90.701, Florida Statutes (1985); the jury would have the opportunity to view the videotape themselves therefore there was no need for the officers' testimony; and the testimony would be unduly prejudicial and cumulative because the police off...
702 So. 2d 527, 1997 WL 656288
District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 460191
Cited 20 times | Published
...State, 538 So.2d 86 (Fla. 1st DCA 1989). A lay witness's opportunity of observation is critical to admissibility regarding the speed of an object because the lay witness's testimony must be grounded in reliability and personal perception rather than speculation. See § 90.701, Fla....
452 So. 2d 14
District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 474371
Cited 17 times | Published
...ority. Nor is the husband's testimony admissible as opinion testimony, as suggested in the majority opinion. The witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon the witness's personal perception (he had not been to Japan) and required special knowledge and skill which the witness clearly lacked....
995 So. 2d 207, 2008 WL 2678052
Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1684731
Cited 16 times | Published
...Improper Testimony Bigham argues that the State improperly solicited speculation from its witness, Mrs. Cavazos, as to when Lulu's husband Oscar left his apartment. The State argues that Mrs. Cavazos' testimony was lay opinion testimony and, as such, was properly admitted under section 90.701, Florida Statutes. Section 90.701 requires a two-prong test of lay opinion testimony: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....
916 So. 2d 750, 2005 WL 3005543
Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 2518538
Cited 15 times | Published
...Similarly, in this case, Officer McDonald testified that a gun lying on the floor "appeared dropped" because it was lying in a "crevice" in the ground. This clearly falls within the permissible range of lay observation and ordinary police experience. See Floyd, 569 So.2d at 1232; § 90.701, Fla....
549 So. 2d 250, 1989 WL 111527
District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 1373443
Cited 14 times | Published
...Identification by lay witness opinion testimony has long been recognized in Florida. See, e.g., Roberson v. State, 40 Fla. 509, 24 So. 474 (1898). Furthermore, opinion testimony by lay witnesses is expressly admissible under our current evidence code. § 90.701, Fla....
489 So. 2d 92, 11 Fla. L. Weekly 993
District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1528876
Cited 14 times | Published
...A witness may relate the substance of a conversation which he had with a party, even though he cannot recount the conversation verbatim. Johnson v. State, 64 Fla. 321, 59 So. 894 (1912); Ayers v. State, 62 Fla. 14, 57 So. 349 (1911); Kennard v. State, 42 Fla. 581, 28 So. 858 (1900). Section 90.701, Fla....
530 So. 2d 318, 1988 WL 67257
District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1678146
Cited 12 times | Published
...ial court's action in excluding certain opinion testimony. We determine the trial court was correct in disallowing the proffered testimony of three eyewitnesses to the accident scenes that the Hettinger collision caused the Shattuck/Zwinge accident. Section 90.701(1), Florida Statutes (1985) [1] , permits such opinion testimony if the witness cannot otherwise readily communicate what he has perceived without offering his opinion, and the opinion does not require special expertise....
...Accordingly, we reverse the judgment entered by the trial court in favor of the appellees pursuant to the granting of a directed verdict on their behalf, and remand this case for proceedings consistent with this opinion. RYDER, A.C.J., and FRANK, J., concur. NOTES [1] Section 90.701, Florida Statutes (1985), provides in relevant part: If a witness is not testifying as an expert, his testimony about what he perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal ac...
809 So. 2d 107, 2002 WL 341790
District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1722365
Cited 11 times | Published
...f the witness. Fino v. Nodine, 646 So.2d 746, 749 (Fla. 4th DCA 1994) ("Before lay opinion testimony can be properly admitted, a predicate must be laid in which the witness testifies as to the facts or perceptions upon which the opinion is based."); § 90.701, Florida Statutes (1999); see, e.g., Hixon v....
99 So. 3d 459, 2012 WL 4449126
Supreme Court of Florida | Filed: Sep 27, 2012 | Docket: 60313013
Cited 9 times | Published
piece of metal would be shiny if recently cut.” Section 90.701, Florida Statutes (2011), provides: If a witness
564 So. 2d 601, 1990 WL 105518
District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 1689147
Cited 9 times | Published
...a copy of the tape, the circuit court denied the motion. [1] Following this adverse ruling Cordia moved in limine to exclude testimony regarding the officers' opinion as to the identity of the taped voice. The court agreed to exclude the witnesses. Section 90.701, Florida Statutes (1989), permits opinion testimony by nonexperts when (1) the witness cannot readily, and with equal accuracy, communicate what he has perceived without resort to opinion, (2) his use of opinion will not mislead the tr...
...462, 24 L.Ed.2d 441 (1969). Cordia does not quarrel with this general principle, but contends that since the two officer/witnesses were not the individuals who actually received the original telephone call, their testimony goes beyond the scope of section 90.701 and constitutes an impermissible opinion as to the guilt of the accused....
993 So. 2d 157, 2008 WL 4722492
District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286
Cited 8 times | Published
...What Walton did was to talk about the facts he had observed or learned from other sources before concluding that self-defense was not a viable defense in Appellant's case. In effect, the State's eliciting the challenged testimony encroached upon the jury's vital task to determine whether Appellant had acted in self-defense. Section 90.701, Fla. Stat. (2006), of the Florida Evidence Code states: 90.701 Opinion testimony of lay witnesses.If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy...
...lling, you know?" Id. at 1284. Kolp's counsel objected to this unqualified witness' being allowed to opine as to the use of hollow-point bullets for killing; the objection was overruled. See id. This was held to be speculative and inadmissible under section 90.701 because the statute usually limits testimony to the witness' perception, e.g., as to "distance, time, size, weight, form and identity." Fino v....
...The officer answered "yes." She opined that the aluminum strip could cause great bodily harm. See id. at 872. The State asserted that this testimony was admissible as lay opinion based on the officer's familiarity with the type of object in question. See id. at 873. However, citing section 90.701, the Fourth District Court in Nardone noted that a lay witness' opinion testimony is allowed only if it is based on "what the witness has personally observed." Id.; see Fino, 646 So.2d at 748....
...Collins, 614 So.2d 626, 626-27 (Fla. 1st DCA 1993). Even the opinion of a lay witness may be admissible where the "witness cannot readily, and with equal accuracy and adequacy," explain his or her observations or perceptions without giving an inference or opinion. § 90.701(1), Fla....
...It was illegal evidence, properly characterized as lay opinion testimony because Walton was never qualified as an expert." Even though the defense did not express its objection this artfully in the trial court, we conclude that the "opinion" objection was sufficient to invoke section *164 90.701, supra....
...idence. On this record, the factual matter of what the investigator personally observed at the crime scene is quite distinct from his opinion regarding what had happened before his arrival, i.e., the circumstances of the stabbing death. The scope of section 90.701 is usually limited to matters relating to distance, time, size, weight, form, and identity, which are easily observable....
...never qualified as an expert in assessing the causes and circumstances of the infliction of wounds. The State's argument that Walton could have been qualified *165 as an expert is speculative, given this record. The State correctly notes that, under section 90.701(1), even the opinion testimony of a lay witness may be admissible where "[t]he witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of i...
...ding what had happened, i.e., the circumstances of the stabbing. See Somerville, 626 So.2d at 1072 (concluding that a witness' relevant opinion that he believed a class ring was stolen was not demonstrably based on anything perceived by him, so that section 90.701 did not allow its admission into evidence)....
...Second, Walton's opinion ruling out self-defense prejudiced the defense, for reasons that will be discussed, infra. Third, if Walton's opinions and inferences relating to self-defense "require a special knowledge, skill, experience, or training," then section 90.701(2) precludes the testimony....
...lt from being "smacked in the face," and that the nose wound was consistent with being struck while the eyeglasses were being worn during a fight or struggle. See 569 So.2d at 1231-32. Second, although the officers should not have been allowed under section 90.701(2) to testify to medical matters such as whether all the victim's injuries occurred at the same time and whether the wound atop the victim's hand was defensive, the Florida Supreme Court in Floyd concluded that this error was cumulativ...
127 So. 3d 478, 2013 WL 5567079
Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730
Cited 8 times | Published
witness has personal knowledge of the matter” and section 90.701, Florida Statutes (2006), which sets out the
627 So. 2d 35, 1993 WL 462759
District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1752848
Cited 8 times | Published
...ent. Defense counsel's objection to a reference to Kinsley's notes on Mabrie's cross-examination was also overruled. Defense counsel asked if the court would allow "witnesses to testify that it appeared to be an accidental shooting." After reviewing section 90.701, Florida Statutes, the court ruled that it would be "completely and totally prohibited" as lay witness opinions....
...ences or opinions," whether the use of inferences or opinions "will not mislead the trier of fact to the prejudice of the objecting party," and whether the opinions and inferences "do not require a special knowledge, skill, experience, or training." § 90.701, Fla....
43 So. 3d 68, 2010 Fla. App. LEXIS 6935, 2010 WL 1979139
District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 2401481
Cited 8 times | Published
...r in the summary. Borton Volvo switched to television advertising and never advertised on WRMF. Further, the corporate defendants argue, and we agree, that the only testimony linking the losses to Whitby's departure constituted inadmissible hearsay. Section 90.701, Florida Statutes, requires a lay witness to base his or her opinion upon facts the witness has "perceived." A lay witness may not rely on hearsay in forming an opinion....
637 So. 2d 258, 1994 WL 169467
District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1521503
Cited 8 times | Published
...It was, however, improper to allow Gardner to give medical opinion testimony that the scar "could be" consistent with sexual battery. The opinion of what caused the scar required "special knowledge, skill, experience, or training" and Gardner was not qualified as an expert. See § 90.701, Fla....
512 So. 2d 276, 12 Fla. L. Weekly 2152
District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 473590
Cited 7 times | Published
...Therefore, we conclude that the trial court was correct in ruling that the testimony was admissible over the Tews' objections. Furthermore, an expert should be permitted to testify whenever his specialized knowledge will assist the trier of fact in understanding the evidence. § 90.701, Florida Statutes (1985)....
968 So. 2d 706, 2007 WL 4180869
District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1498718
Cited 6 times | Published
...But we also think that the postconviction court could not have determined the extent to which Mr. Otero might have been able to testify in terms of inferences and opinions about his observations at the scene until it had actually heard Mr. Otero's testimony. § 90.701(1), Fla....
246 So. 3d 400
District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383139
Cited 6 times | Published
such, we will address it on the merits. Section 90.701, Florida Statutes (2016), states:
15 So. 3d 629, 2009 Fla. App. LEXIS 7694, 2009 WL 1677545
District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1660461
Cited 6 times | Published
...ed to render. We find no error in the trial court's decision to permit the testimony at issue. The evidence code precludes testimony by a lay witness relating inferences or opinions that "require a special knowledge, skill, experience, or training." § 90.701(2), Fla....
580 So. 2d 162, 1991 Fla. App. LEXIS 986, 1991 WL 15471
District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1716846
Cited 6 times | Published
...I respectfully suggest that in today's society where our citizens daily watch television accounts of actual and staged drug transactions, it may not require a special knowledge, skill, experience, or training to conclude a common street-level drug sale has occurred. See § 90.701(1)-(2), Fla....
917 So. 2d 953, 2005 WL 3478353
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1509424
Cited 6 times | Published
...To avoid this evidentiary rule, the State sought to introduce the sum of that evidence by asking Detective Beining to make conclusions based upon his comparison of their hearsay statements. However, his opinion as to the consistency of the witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997)....
585 So. 2d 1056, 1991 WL 173019
District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 1688654
Cited 5 times | Published
...[3] While Garron and Rivers allow, under certain specified circumstances, lay opinion as to "sanity," it does not follow that a witness may testify to purely legal conclusions. The value of lay opinion as to sanity lies in the ability of the witness to effectively convey her impressions of the defendant's behavior. See § 90.701(1), Fla....
415 So. 2d 1280
District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1512970
Cited 5 times | Published
...Provided he bases his testimony on his own knowledge and not on information furnished by another, the opinion, belief, judgment, or impression of an ordinary (non-expert) witness as to the identity of a person or an object is admissible in evidence. Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has "perceived." Other jurisdictions have also held that the type of hearsay testimony proffered here was properly excluded....
252 So. 3d 1114
Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813520
Cited 4 times | Published
knowledge, skill, experience, or training. § 90.701, Fla. Stat. When a witness is previously familiar
74 So. 3d 506, 2011 Fla. App. LEXIS 15739, 2011 WL 4577530
District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352100
Cited 4 times | Published
...4th DCA 1988) ("An owner may ordinarily testify as to the value of property owned."). The Florida Evidence Code provides that a lay witness cannot offer opinion testimony when, among other limitations, the opinion requires "a special knowledge, skill, experience, or training." See § 90.701(2), Fla....
622 So. 2d 51, 1993 WL 261747
District Court of Appeal of Florida | Filed: Jul 16, 1993 | Docket: 1529038
Cited 4 times | Published
...ice officer to testify about the character and personality of the defendant's accomplice to a murder. The supreme court disagreed, stating: A lay witness may give opinion testimony so long as the opinion testimony does not mislead the trier of fact. § 90.701, Fla....
564 So. 2d 1158, 1990 WL 98453
District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 1689009
Cited 4 times | Published
...the question, "Did you perceive or form an impression in your mind from any source that there might be trouble and that you had better get back inside the bar?" Appellant challenges this testimony as inadmissible opinion evidence from lay witnesses. Section 90.701, Florida Statutes, provides: If a witness is not testifying as an expert his testimony about what he perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy, comm...
...inion that a codefendant was encouraging appellant Kight to cut the victim's throat. The codefendant had made a somewhat ambiguous statement which the victim believed was intended to dare Kight to kill him. The court stated (512 So.2d at 929): Under Section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that "the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceive...
...929, 108 S.Ct. 1100, 99 L.Ed.2d 262 (1988), the court held that the trial court had appropriately excluded a witness's opinion testimony that another person was encouraging the defendant to cut the witness's throat. The supreme court observed that "[u]nder section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceived...
749 So. 2d 551, 2000 WL 24888
District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690432
Cited 4 times | Published
...To avoid this evidentiary rule, the State sought to introduce the sum of that evidence by asking Detective Beining to make conclusions based upon his comparison of their hearsay statements. However, his opinion as to the consistency of the witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997)....
480 So. 2d 140, 10 Fla. L. Weekly 2738
District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 1220599
Cited 4 times | Published
...but rather as a lay witness opinion. She cites several cases as support for this contention. However, none of these cases leads to the conclusion that lay witness opinion testimony may be based solely upon information furnished by a third party. [2] Section 90.701, Florida Statutes (1983), provides that a lay witness may testify in the form of an opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he has perceived to the trier of fact without test...
...of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience or training. The Law Revision Council Note indicates that Section 90.701 permits a lay witness to testify to things which the witness has perceived such as distance, time, size, weight, form and identity....
...His inferences, when received may not be worth much, but they can do no harm. The court will not permit them to be given more weight than the basis upon which they are built will sustain, and that basis can be uncovered on cross-examination if the judge has not required that it be given in advance. We find nothing in Section 90.701 or the Council Note which would permit a witness to testify about something she had been told rather than something she perceived. The Second District Court of Appeal concluded in Barnes v. State, 415 So.2d 1280 (Fla. 2d DCA), petition on review denied, 424 So.2d 760 (Fla. 1982), that Section 90.701 only permitted a witness to give an opinion based on his perceptions. The Barnes court stated: Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has "perceived." Other jurisdictions have also held that the type of hearsay testimony proffered here was properly excluded....
30 So. 3d 625, 2010 Fla. App. LEXIS 3350, 2010 WL 935476
District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 414528
Cited 3 times | Published
...drugs or alcohol. "As a general rule, lay witnesses may not testify in the form of opinions or inferences; it is the function of the jury to draw those inferences." Thorp v. State, 777 So.2d 385, 395 (Fla.2000). The exception to this rule set out in section 90.701, Florida Statutes (2006), [5] does not apply here where each of the witnesses could "readily, and with equal accuracy and adequacy, communicate what [s]he ......
...out a premise of fact are [sic] clearly inadmissible in the trial of causes in the courts of this country." Jones v. State, 908 So.2d 615, 621 (Fla. 4th DCA 2005) (quoting LeMaster v. Glock, Inc., 610 So.2d 1336, 1338-39 (Fla. 1st DCA 1992)). [5] Section 90.701, opinion testimony of lay witnesses, provides: If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and wi...
932 So. 2d 1283, 2006 WL 1995286
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1285616
Cited 3 times | Published
...Defendant was convicted of the three counts of attempted second-degree murder with a firearm as charged. On appeal the only issue is the admissibility of the testimony of the witness that hollow-point bullets are for killing. Initially, we conclude that the testimony was not admissible under section 90.701, Florida Statutes (2005). In Fino v. Nodine, 646 So.2d 746 (Fla. 4th DCA 1994), we held that the kind of opinion testimony by lay witnesses admissible under section 90.701 is usually limited to things related to perception: e.g., "distance, time, size, weight, form and identity." 646 So.2d at 748-49....
669 So. 2d 338, 1996 Fla. App. LEXIS 2306, 1996 WL 106426
District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1526188
Cited 2 times | Published
...Clearly, the owner of a motor vehicle, such as the appellant, can testify through its representative regarding the condition of the vehicle. This type of information can be imparted by anyone who has tried to drive the vehicle, and does not require an expert witness to convey this information. See § 90.701(1), (2), Fla.Stat....
934 So. 2d 580, 2006 WL 1999411
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1747642
Cited 2 times | Published
...Therefore, any error is unpreserved for our review. The officer also testified, over defense objection, that the bruise was already fading and that the laceration seemed to be healing. The testimony described what the officer personally observed, and did not require expertise. § 90.701, Fla....
646 So. 2d 746, 1994 WL 440557
District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 1405197
Cited 2 times | Published
...terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....
...[1] "Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience." Floyd, 569 So.2d at 1232. Opinion testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701, Fla....
...Accordingly, it was also error to allow Walker's opinion that there was nothing Nodine could have done to avoid the accident. Furthermore, both eye-witnesses testified as to what they perceived without difficulty. Applying the conditions set out in section 90.701, the opinion testimony of these witnesses was unnecessary to communicate what they had perceived....
...Whether appellee's live testimony would be cumulative would be determined by the trial court at that time, under Geiger. ANSTEAD and GLICKSTEIN, JJ., concur. STONE, J., dissents with opinion. STONE, Judge, dissenting. I would affirm, deeming any errors harmless. NOTES [1] Prior to adoption of section 90.701 in 1979, the general common law rule precluded lay witnesses from testifying in the form of an opinion or inference. Law Review Council Note, § 90.701, Fla....
408 So. 2d 690, 1982 Fla. App. LEXIS 18913
District Court of Appeal of Florida | Filed: Jan 8, 1982 | Docket: 64587315
Cited 1 times | Published
are testifying. That rule is in harmony with section 90.701, Florida Statutes (1979), providing that non-expert
156 So. 3d 1004, 39 Fla. L. Weekly Supp. 757, 2014 Fla. LEXIS 3679, 2014 WL 6978020
Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613920
Cited 1 times | Published
...pe” as was
purchased from Office Depot, not as expressing an opinion that the duct tape was
from the particular roll purchased by Cole.
This opinion that the two tape samples were the same type of tape, is a
permissible lay opinion under section 90.701, Florida Statutes (2007)....
584 So. 2d 200, 1991 WL 156621
District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 466788
Cited 1 times | Published
...Morris to testify he bought the ring because, "I felt like it was stolen ... I was going to have it traced to see if it was." Mr. Morris' statement was improper lay opinion testimony, since it was not demonstrably based upon anything perceived by the witness. Section 90.701, Fla....
District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034256
Published
training. 5 § 90.701, Fla. Stat. (2021). “Lay witness opinion testimony
438 So. 2d 489, 1983 Fla. App. LEXIS 24445
District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 64599831
Published
U.S. 904, 83 S.Ct. 742, 9 L.Ed.2d 730 (1963); § 90.701, Fla.Stat. (1981); Harris v. State, 229 So.2d
District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627047
Published
547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla. Stat. (2019) (providing that a lay witness’
District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695048
Published
547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla. Stat. (2019) (providing that a lay witness’
District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067226
Published
limitations on lay opinion testimony imposed by section 90.701, Florida Statutes and concluding that "[l]ay
17 So. 3d 713, 2009 Fla. App. LEXIS 6894, 2009 WL 1531656
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1644770
Published
...In his trial for first-degree murder, appellant defended on the ground of self-defense. The trial court ruled that a witness could not testify that appellant looked fearful when approached by the victim. Because the witness's testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot find the error in failing to admit it harmless beyond a reasonable doubt, we reverse....
...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....
...rson's undisclosed intent or motive. Id. The trial court abused its discretion by preventing Byrd from testifying that Bryant appeared fearful, because the evidence was both admissible and relevant to his self-defense claim. Under the first prong of section 90.701, the description was necessary for Byrd to adequately communicate her observations, and the testimony would not have misled the jury....
District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190144
Published
Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses
District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350915
Published
So. 2d 1225, 1231–32 (Fla. 1990)). However, section 90.701, Florida Statutes (2019), provides an exception
District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69512402
Published
impairment based on their observations.”); see also § 90.701, Fla. Stat. (providing that “the [lay] witness’s
254 So. 3d 617
District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7740514
Published
Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses
226 So. 3d 875, 2017 Fla. App. LEXIS 12053
District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142267
Published
knowledge, skill, experience, or training. § 90.701, Fla. Stat. (1991). “Lay witness opinion testimony
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098981
Published
knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2023). Thus, “[o]pinion testimony
District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125
Published
admissible as lay opinion testimony under Section 90.701, Florida Statutes.
