CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Things Expert May Rely On
............Hypotheticals
11 Cards On This Topic:

Expert may properly rely on hypothetical facts in forming opinion.

Use of hypothetical questions explained.

As it is required, not prohibited, that hypos to expert be based on the evidence, DA need not disguise the fact the questions are based on that evidence.

Although DA's hypo to expert about blood stain was improper, as no evidence stain was deposited from a person rather than an object in contact with a person, admission not prejudicial in light of all evidence and instructions.

Court within its discretion in preventing E from expressing opinion on whether D's conduct before, during, and after crimes was binge pattern of crack cocaine use—such opinion based on D's later hearsay statements to E—hypos sufficient.

Expert may give opinion testimony based on facts given in hypothetical asking expert to assume their truth, but hypo must be rooted in facts shown by the evidence.

Harmless error to allow the interviewing doctor who specialized in child abuse to be questioned about her opinion as to the truth of the charges, albeit hypthetically, by specifically referring to victim and D.

Not allowing E to answer hypothetical was nonprejudicial error.

Hypothetical questions DA asked gunshot residue expert re residue test relevant to elicit evidence as to why test did not rule out D's having fired gun.

Expert may properly base opinion upon testimony of others and hypothetical questions.

Erroneous refusal to permit expert to answer hypothetical harmless where opinion subsequently fully expressed.