Wittnesses' Opinion That Speaks To All Elements of Crime Disallowed

The opinion of a detective testifying as an expert should have been inadmissible because it spoke to all elements of the crime.

 

Williams v. State, 2015 BL 353500, Ind., No. 48S05-1507-CR-424, 10/26/15

    The detective was testifying as an expert and expressed that he had "zero doubt" that the exchange between the defendant and the informant was a drug transaction. The Indiana Supreme Court ruled that his testimony should have been declared inadmissible as an opinion on the ultimate issue of guilt.

    The rules of evidence bar witnesses from giving their opinion regarding guilt or innocence, and the court ruled that the detective's testimony violated that rule. The court indicated that this was different from testimony regarding intoxication or identity, which can be allowed, because this testimony discussed all of the elements of the crime, including mens rea.

http://www.bloomberglaw.com/public/desktop/document/Williams_v_State_No_48S051507CR424_2015_BL_353500_Ind_Oct_26_2015?1449089156