CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Method of Exam: Cross-Exam
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Expert Witnesses
.........Bias or Prejudice
7 Cards On This Topic:
DA properly allowed to cross-examine psychiatrist about her handling of interview tapes in a prior case to show her possible bias in this case.
Expert's testimony in prior cases with similar issues of E's views on D's prison adjustment is legitimate subject of cross-exam; DA may expose bias by showing E's propensity to advocate for criminal Ds even in extreme cases.
Cross-exam of D's expert properly focused on contrary prior testimony and desire and efforts to help D.
No abuse of discretion in admitting D's expert testimony of D's prison record—used not to show motive or state of mind, but to impeach expert's testimony re D's work history and to impeach his expert opinion concerning impairment.
Although admitting E's testimony as to facts of 3 previous SVPA cases and his opinion in those cases was not relevant to show his bias or prejudice, error not prejudicial.
Although cross-exam of P's expert alluding to a psychiatric hold under W&IC §5150 clearly constituted misconduct, no prejudice where court promptly sustained P's objection.
Cross-exam of expert on collateral matters permitted where designed to show actual bias or prejudice.