Moore v. State

As a lay witness, an officer could give opinion testimony regarding the defendant's behavior, so long as such testimony was based upon personal observation and the officer stated the facts upon which the opinion was based

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Following a jury trial in Lee County Superior Court, Robert Moore was found guilty of felony obstruction of a corrections officer.1 On appeal, Moore argues that the trial court improperly allowed an officer to offer opinion testimony without having him tendered as an expert or presenting a basis for the opinion. Finding no error, we affirm. The record revels that while incarcerated at Lee State Prison, Moore was returning to the cell area from the recreation yard one evening with other inmates. Correctional Officer Freddie Green asked Moore to submit to a pat-down search, but Moore ignored the officer and continued toward the cell area. Officer Green radioed to Emergency Response Officer Marcus Lemacks, who approached Moore along with Correctional Officer LaVerne Johnson inside the cell area. After Moore became belligerent with Officer Lemacks, Lemacks made the decision to remove Moore to the prison segregation unit, and Moore was instructed to pack his property for the transfer.

While packing his property, Moore began shaking a bottle of baby powder and threw the powder at the officers, and then he lunged at Officer Lemacks. Officer Lemacks testified that in his opinion, Moore was shaking the powder in the cell in order “to get it in the officers’ eyes,” and in response to a question about his experience as an Emergency Response Officer, Lemacks stated that throwing the powder was a threat to the officers’ safety. After throwing the powder, Moore hit Officer Lemacks in the face and grabbed his neck, and Moore was kicking at the other officers present.

Moore v. State

As a lay witness, an officer could give opinion testimony regarding the defendant's behavior, so long as such testimony was based upon personal observation and the officer stated the facts upon which the opinion was based

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