· 12/18/2002
Osbourn v. State
Citations
- 92 S.W.3d 531
- 2002 Tex. Crim. App. LEXIS 236
- 2002 WL 31839200
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that officer’s opinion that the substance found in the defendant’s possession was marihuana constituted an opinion from a lay witness
- concluding that a police officer’s testimony regarding the smell of marihuana may be admitted as the testimony of a lay person under Rule 701 of the Rules of Evidence
- concluding that a police officer's testimony regarding the smell of marihuana may be admitted as the testimony of a lay person under Rule 701 of the Rules of Evidence
- holding that “a witness who is familiar with the odor of marihuana smoke through past experiences can testify as a lay witness that he or she was able to recognize the odor”
- explaining that a witness’s testimony can include opinions, beliefs, or inferences as long as they are drawn from his or her own experiences or observations
- explaining that the “perception” requirement of rule 701 requires “personal knowledge” as also required by rule 602
Source: CourtListener parenthetical corpus (CC0).
Judges: Meyers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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