EVIDENCE - USE OF INFORMATION
RELIED UPON BY OPINION WITNESSES
In addition to testimony from [Name(s) of Opinion Witness(es)] as to his/her/their opinion(s), you have also heard his/her/their testimony as to information he/she/they relied upon in reaching his/her/their conclusion(s). This testimony was admitted solely to enable you to evaluate his/her/their opinion testimony, and you should not consider it for any other purpose in reaching a verdict.
Notes on Use
This Instruction is only needed when testimony concerning the basis for the opinion of a witness is admitted and the basis of the opinion would not otherwise be admissible, for example, if the opinion is based on hearsay. Lewis v. State, 1998 OK CR 24, ¶ 22, 970 P.2d 1158, 1167-68; Ake v. State, 1989 OK CR 30, ¶ 31, 778 P.2d 460, 467. It should normally be given both at the time the basis for the opinion testimony is admitted and with the final jury instructions.
The trial court should be especially careful when giving more than one limiting instruction to avoid inconsistencies between them. See Lewis v. State, 1998 OK CR 24 ¶ 22, 970 P.2d 1158, 1168 (limiting instructions on other crimes evidence and the basis of opinion testimony were confusing and contradictory when given together because the only evidence of other crimes came in as the basis of opinion testimony).
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