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Name: Needham v. Superior Court (2024) 16 Cal.5th 333
Case #: S276395
Opinion Date: 20240701
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.