State v. Woodford

"As a general rule, an expert witness may not testify regarding a legal conclusion." Olson v. Coats, 78 Or App 368, 370, 717 P2d 176 (1986).

Defendant appealed a judgment of conviction for two counts of assault in the second degree, menacing, unlawful use of a weapon, and pointing a firearm at another.  Defendant assigned error to the trial court allowing the police chief who investigated the incident to provide expert testimony that he "saw no elements of a crime being committed," refuting defendant's claim of self-defense.  Defendant argued that the police chief gave "a statement of law, which is not a proper subject for expert testimony."  "As a general rule, an expert witness may not testify regarding a legal conclusion." Olson v. Coats, 78 Or App 368, 370, 717 P2d 176 (1986).  The Court held that "the trial court erred when it allowed the police chief to testify that he 'saw no elements of a crime being committed,'" and added that there was a chance that the police chief's conclusion affected the verdict. Thus, the trial court's error was not harmless.  Reversed and remanded.