CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Things Expert May Rely On
............Hearsay
 14 Cards On This Topic:
  • If expert testimony based upon statements of third party, third party may be called.
  • Jury was entitled to infer from gang evidence by various witnesses that when D, a Crip, shot V, a Blood, "for Scotty," he was acting in retaliation for Scotty's murder, which he thought had been committed by a Blood.
  • Expert may base his opinion on hearsay; court's discretion.
  • No error in excluding D's hearsay statements to expert psychiatrist that he had made no previous attempts at sexual contact with a minor before instant charge.
  • No error in admitting hearsay evidence in medical reports on which experts relied where properly admitted under hearsay exceptions; reports not testimonial in nature, and DP right of confrontation did not arise since it was civil proceeding.
  • None of out-of-court statements E relied on to support his opinions admitted for its truth and objections properly overruled under hearsay rule and confrontation clause, following Thomas precedent; critique of current law.
  • Simply because a gang member has lied to police in the past about his possession of contraband does not preclude a conclusion that he is a reliable source of information supporting a gang expert's opinion.
  • Proper foundation laid for supervisor's testimony based on his expertise and his reliance on technician's reports he reviewed—precisely the type of hearsay info an expert in the field could properly rely upon.
  • Hearsay on which testifying gang expert bases opinion is not "testimonial" under Crawford and jury may consider the truth of the hearsay in evaluating expert's opinion.
  • No abuse of discretion in calling witness who pled to being accessory, knowing she would refuse to be sworn and submit to questioning, where her courtroom conduct admitted for limited purpose of supporting gang expert's opinion.
  • Hearsay statements by gang members that D was a gang member were properly admitted where not offered to establish truth of matter asserted, but merely as a basis for Expert's opinion; Crawford & 6th Amend. did not apply.
  • Expert in street gangs may rely, in part, upon inadmissible hearsay obtained while talking with gang members; right of confrontation not violated; limits on testimony.
  • Although expert may give reasons for opinion, including matters considered in forming them, expert may not bring before jury inadmissible hearsay evidence.
  • Reliance of experts on hearsay.


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