State 13 No.30933-9-II1 State v. Quaale conceded that officer's testimony that defendant's actions had been reckless within the meaning of that element of the crime of reckless driving was improper
How later courts described this case
- State 13 No.30933-9-II1 State v. Quaale conceded that officer's testimony that defendant's actions had been reckless within the meaning of that element of the crime of reckless driving was improper
- State conceded that officer’s testimony that defendant’s actions had been reckless within the meaning of that element of the crime of reckless driving was improper
- “‘Generally, no witness may offer testimony in the form of an opinion regarding the guilt or veracity of the defendant; such testimony is unfairly prejudicial to the defendant because it invad[es] the exclusive province of the [jury].’” (internal quotation marks omitted
- police officer’s testimony may carry special aura of reliability
Written by the judges who cited it.
The opinion
Fairhurst, J.
¶27 (concurring) — I agree with the majority that Tyler Sherwood King’s actions did not constitute an immediate threat to life or property that authorized his arrest under the emergency exception of RCW 10.93.070(2). Given this decision, in my view, it is unnecessary to discuss, even as dicta, the officer’s opinion testimony.
Madsen, J., concurs with Fairhurst, J.