CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Expert Testimony Appropriate
............Ultimate Fact or Issue
10 Cards On This Topic:

Expert may generally express opinion re ultimate issue in case.

Expert may generally express opinion re ultimate issue in case, except in criminal cases. (Fed. Rules Evid.)

Whether expert may express opinion on ultimate issue depends on facts in case and judge's discretion; often unavoidable.

Expert may testify as to predicate matter from which jury might infer D's required mens rea (FRE).

E's testimony interpreting Ds' past phone calls as concerning planned action against rival gang was not inadmissible opinion about D1's subjective knowledge and intent.

Re subcontractor negligence, trial court erred in excluding P's expert testimony on standard of care in construction industry.

Testimony of police street gang expert about D's subjective knowledge and intent was inadmissible to establish D involved in a conspiracy to possess handgun; admissibility of opinions containing ultimate fact/issue.

BNE agent properly testified as expert on ultimate issue in case, i.e., whether pharmacist D possessed drugs for sale.

Officer properly expressed opinion on ultimate issue in case, i.e., that person appeared to be "obviously intoxicated."

Lay witness may occasionally express opinion as to ultimate fact based on own perception.