ROBERT WESLEY
v.
BEFORE DOHERTY
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The State of Florida appealed a county court's interlocutory order denying its motion in limine to admit law enforcement officers' field test opinions regarding suspected cocaine. The appellate court affirmed, finding no error in the lower court's requirement that the State establish proper foundation for lay opinion testimony before admission.
The county court did not err in requiring the State to establish a proper foundation before admitting the law enforcement opinion testimony. Before lay opinion testimony can be admitted, a predicate must be laid in which the witness testifies as to the facts or perceptions upon which the opinion is based.
[1] A circuit court sitting in its appellate capacity has jurisdiction to consider a non-final order on a motion in limine.
[2] 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 ba…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the legal standard for admitting lay opinion testimony that the lower court properly applied
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Join FLexlaw to unlock all legal intelligenceThe State sought to introduce opinion testimony from law enforcement officers regarding the results of a field test of suspected cocaine. At the heari…
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Appeal from the County Court for Orange County, Florida, Brian F. Duckworth, County Court Judge
Aramis D. Ayala, State Attorney and Elana Paige Ramos, Assistant State Attorney, For Appellant
Robert Wesley, Public Defender and Brent Lightfoot, Assistant Public Defender, For Appellee
Before DOHERTY, SHEA, and WEISS, J.J.
The State of Florida appeals an interlocutory order denying its motion in limine to admit law enforcement opinion testimony regarding the result of a field test of suspected cocaine. A circuit court sitting in its appellate capacity has jurisdiction to consider a non-final order on a motion in limine. State v. Ratner, 948 So. 2d 700, 703-04 (Fla. 2007).
At the hearing on the motion, the State presented no evidence supporting its argument that the officers’ testimony would be admissible lay opinion testimony. Thus, we find no error in the lower court’s written order requiring the State to elicit a proper foundation before admitting this testimony. See Sajiun v. Hernandez, 226 So. 3d 875, 880 (Fla. 4th DCA 2017) (“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.”); L.L. v. State, 189 So. 3d 252, 255 (Fla. 3d DCA 2016); Chesser v. State, 30 So. 3d 625, 628 (Fla. 1st DCA 2010). We do not read into this order the lower court’s musings as to whether this testimony would require additional scientific validation beyond the officers’ general training and experience pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Had the State presented evidence and the lower court denied admission on Daubert principals, this issue would be reviewable by the Court. However, based on the record before us, we do not opine on the parties’ Daubert arguments. AFFIRMED. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this day of November, 2019.
PATRICIA A. DOHERTY.
Presiding Circuit Judge SHEA and WEISS, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Honorable Brian F. Duckworth, 425 N. Orange Ave., Orlando, FL 32801, Elana Paige Ramos, P.O. Box, Orlando, FL 32801, and Brent Lightfoot, 435 N. Orange Ave., Suite 400, Orlando, FL 32801, this day of November, 2019.
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- Daubert et ux. v. Merrell Dow Pharms., Inc., 509 U.S. 579 (U.S. 1993)
- L.L. v. State, 189 So. 3d 252 (Fla. 3d DCA 2016)
- State v. Ratner, 948 So. 2d 700 (Fla. 2007)
- Chesser v. State, 30 So. 3d 625 (Fla. 1st DCA 2010)
- Sajiun v. Hernandez, 226 So. 3d 875 (Fla. 4th DCA 2017)