In what circumstances have courts allowed defense counsel to elicit opinion testimony from the police officer who investigated a rape allegation?

California, United States of America


The following excerpt is from McCleery v. City of Bakersfield, 170 Cal.App.3d 1059, 216 Cal.Rptr. 852 (Cal. App. 1985):

In People v. Rocco (1971) 21 Cal.App.3d 96, 98 Cal.Rptr. 365, a rape trial, defense counsel attempted to elicit opinion testimony of the police officer who investigated the complaint as to whether or not a rape in fact occurred. The prosecutor objected and his objection was sustained. On appeal defendant asserted that the court erred in rejecting the testimony without making an effort to determine the qualifications of the witness. The appellate court rejected this contention stating: "The burden was on

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