CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Expert Testimony: Qualifications
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Qualifications of Expert
............In General
9 Cards On This Topic:
Witness is qualified as expert if s/he has special knowledge, skill, experience, training or education to be considered an expert on the subject of the testimony.
Qualifications may be established by any admissible evidence, including witness' own testimony.
No error in refusing to allow Ds to call DA expert re photo lineups where E had no expertise on psych. factors involved in eyewitness I.D., had only been a homicide det. a short time and had not prepared Ds' lineups.
Given criminalist's education and training and practical experience in DOJ's Fresno Regional Lab., she did not "clearly lack" qualifications as an expert and no abuse of discretion in letting her testify re bloodstain evidence.
No error in admitting E's blood spatter testimony where D objected below on Kelly/Frye grounds, not on the bias and lack of qualification grounds he argued on appeal.
D's failure to challenge forensic serologist's qualifications at trial forfeited claim; in any event, trial court found he was an expert; qualifications reviewed.
Discussion of general requirements for qualification as an expert.
Experts may testify as to opinion if it will assist to determine a fact in issue. (Fed. Rules Evid.)
Bases of opinion testimony by experts. (Fed. Rules Evid.)