CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Lay Opinion
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Proper Subjects
............Mental State; Sanity
7 Cards On This Topic:
W's opinion about D's "maniacin’" state of mind on night of murder was relevant & admissible as based on her perceptions—defining term helped understand testimony; jury would not connect "maniacin’" to D's Sacramaniacs gang.
Though D "up to no good" when he invited V into alley, evidence suggested V used unlawful force first and D entitled to assert imperfect self-defense.
Trial court's exclusion of witness testimony supporting defense of imperfect self-defense was not prejudicial to D where he was able to claim that defense and jury heard evidence supporting it.
Lay person permitted to give opinion of own mental condition.
Officer properly permitted to testify that D understood conversation and was responsive and descriptive in discussing jail housing.
Friend of deceased may state opinion re sanity, but may not answer hypothetical based upon facts developed from other witnesses.
Lay person properly permitted to testify re opinion relating to whether another was acting rationally.