CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........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.