The following was taken from a motion in Limine. It was drafted by Paul J. Notarianni.
Permissible lay opinion testimony generally falls into one of two categories. (Moreland v. State, 207 Md. App. 563, 571 (2012) citing Washington v. State, 179 Md. App. 32, rev’d on other grounds, 406 Md. 642, (2008)). The first category is where it is impossible, difficult, or inefficient to verbalize or communicate the underlying data observed by the witness. (Id. quoting Washington at 56) The second category is when the lay trier of fact lacks the knowledge or skill to draw the proper inferences from the underlying data. (Id.) Maryland Rule 5-701 and 5-702 prohibit the admission of a “lay opinion” of testimony based upon specialized knowledge, skill, experience, training or education. (Id. at 570 quoting Ragland v. State, 385 Md. 706, 717, 725 (2005)).