Read the following excerpt from a US court opinion:
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both an expert and fact witness); Cheek, 740 F.3d at 447 (recognizing “inherent dangers” with using one witness as both an expert and lay witness). Although the prosecution was careful to preface every question with “based upon your training and experience,” it seems that “experience” sometimes meant experience with this particular ease, not general experience as a task force agent. For example, when asked on cross-examination (during his expert testimony) how he came to the conclusion that “one” meant “one ounce of cocaine,” Clark attributed this interpretation to his experience “from what [he] gathered through the investigation” as lead case agent. App. Dkt. 70-3, 127. It was error to allow this transitioning back and forth between expert and fact testimony. See York, 572 F.3d at 426 ; United States v. Moreland, 70S F.3d 976, 983
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What is the most suitable continuation to the opinion? Your options are:
A. holding no confrontation right violation where the district court limited crossexamination to basic information about the witnesss convictions and prohibited inter alia descriptions of the witnesss conduct during the incidents leading to his convictions emphasis added
B. holding district court erred in admitting a witnesss responses to the governments questions about six fiftyfive and five dollar where the appeals court could not tell whether the witnesss interpretations were based on his exper tise or a conversation with the informant
C. holding that hospitalization of witnesss wife and his desire to be by her side was not a substantial basis for admitting witnesss testimony from first trial
D. holding that a participant in a conversation may testify as to his understanding of the conversation to satisfy rule 701as requirement that the testimony be rationally based on the witnesss perceptions
E. holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility
Reply with [A, B, C, D, E] only.