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Name: Needham v. Superior Court
Case #: S276395
Court: CA Supreme Court
District CalSup
Opinion Date: 07/01/2024
Summary

The SVP Act (WIC 6600 et seq.) does not authorize a retained prosecution expert to compel an interview or testing of the defendant prior to the commitment hearing, as only Department of State Hospital-appointed evaluators, operating under the detailed protocols of the Act, have that authority. The Act does not, however, preclude a prosecution expert from testifying at the commitment hearing, despite their inability to personally evaluate defendant, provided the proposed testimony is otherwise admissible under the Evidence Code.

The full opinion is available on the court’s website here:  https://www.courts.ca.gov/opinions/documents/S276395.PDF