CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Expert Testimony: In General
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Things Expert May Rely On
............In General
11 Cards On This Topic:
Types of information upon which expert may rely.
Court may exclude portions of expert's testimony based upon improper matters.
Expert opinion based upon opinion or statements of third persons.
Facts upon which expert may rely in forming opinion.
Doctor's expert testimony to establish causation may be based on experience and review of records; expert permitted wide latitude to offer opinions.
Cellmark director's unrebutted testimony about her independent scientific conclusions as to DNA testing done by others established that D's DNA matched that of rape V's assailant; 6th Amend. issue not reached.
No error in overruling D's objections to O's expert testimony where O merely testified to his experiences with gangs and described relationship between MM sponsor and new admittee, not his opinion on D's role in the crimes.
No error in allowing testimony of psychiatrist about D’s confession; circumstance that EC 804 does not apply if E is party’s agent does not preclude calling E as a witness as exam governed by other statutes.
Probable cause hearing, as trial, must encompass all four elements defining sexually violent predator and cannot focus on only one.
Sustaining objections to P's expert declaration based on EC 801(b) was abuse of discretion where declaration created triable issues of fact precluding SJ for Ds; liberal construction required; Sargon inapplicable.
Fact defense E had not personally examined P did not preclude him from testifying as to her mental capacity where adequate foundation laid and erroneous ruling left jury with only P's expert testimony that she was retarded.