1206

Remember it’s a foundation rule, so phrase your objection as lack of foundation. I would say:

"I object to the witness giving her opinion as to how the pilot smelled. Although she testified she was an eyewitness, no foundation has been laid that she was a 'nose witness' or had sufficient olfactory perception to make the opinion reliable."

Any questions? Email tanford@indiana.edu and refer to 1206

In item 6, may the witness estimate the pilot's age? Sure -- like the others, this is a common estimate people do every day based on observation.
What about the second part -- the witness’s opinion that the pilot was too old to be flying? How can the defense object? When you have decided, click here .