Expert Witness Archives

Categories: Admitting/Excluding, Evidence, Expert Witness

Summary

Trial court properly admitted CSAAS expert testimony, including statistics, regarding the prevalence of (1) preexisting relationships between the abuser and abused and (2) delayed disclosure of molestations. Sedano was convicted of several sex offenses against his adoptive niece. At trial,…

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Name: People v. Presley

Case #: C090439

Opinion Date: 06/16/2021

Categories: Civil Commitments, Evidence, Expert Witness, Hearsay, SVP

Summary

In a court trial on defendant's commitment as a sexually violent predator (SVP), the trial court did not abuse its discretion under People v. Sanchez (2016) 63 Cal.4th 665 in relying on expert testimony, where nothing in the record suggests…

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Name: People v. Soriano

Case #: G058363

Opinion Date: 06/08/2021

Categories: Evidence, Expert Witness, Gang Affiliation, Insufficiency/Sufficiency of

Summary

Gang expert opinion based on mere speculation as to probabilities, rather than reasonable inferences drawn from observable facts, does not provide substantial evidence to support a gang enhancement. Soriano, a gang member, was walking in his gang's territory with an…

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Name: Hulbert v. Cross

Case #: C090663

Opinion Date: 06/11/2021

Categories: Areas Constitutional Law, Evidence, Expert Witness, Other, Right to Counsel, Scope of Right

Summary

In a medical malpractice action filed by an indigent inmate, the trial court denied the plaintiff meaningful access to the courts when it refused his motion for appointment of an expert. Hulbert, a self-represented indigent inmate, filed a medical malpractice…

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Name: People v. Lund

Case #: A157205

Opinion Date: 06/01/2021

Categories: Admitting/Excluding, Evidence, Expert Witness, Hearsay, Scientific Evidence

Summary

Officers' reliance on software program's data to connect defendant to hard drives containing child pornography files did not violate Sanchez. At defendant's trial for possessing more than 600 images of child pornography, two police investigators testified that they used a…

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Name: People v. Lemke

Case #: S250108

Opinion Date: 05/27/2021

Categories: By CALCRIM Number, Evidence, Expert Witness, Jury Instructions

Summary

Opinion By: Justice Groban (unanimous decision) Although the witness certainty factor in the eyewitness identification instruction (CALCRIM No. 315) could be misleading, the instruction did not violate defendant's due process rights to a fair trial when considered in the context…

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Name: In re Long

Case #: S249274

Opinion Date: 11/30/2020

Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

Opinion By: Justice Liu (unanimous decision) Trial counsel provided ineffective assistance by failing to consult a time of death expert where the timeline was crucial to the defense theory of the case. In 2005, petitioner Long was convicted of the…

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Name: People v. Veamatahau

Case #: S249872

Opinion Date: 02/27/2020

Categories: Admitting/Excluding, Evidence, Expert Witness, Hearsay, Scientific Evidence

Summary

Expert's testimony that he used on an online pharmaceutical database to determine that pills seized from defendant contained a controlled substance was not inadmissible case-specific hearsay. Defendant was charged with a number of offenses, including possession of a controlled substance,…

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Name: People v. Perez

Case #: S248730

Opinion Date: 02/27/2020

Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Waiver

Summary

Defendant's failure to object at trial, before People v. Sanchez (2016) 63 Cal.4th 665 was decided, did not forfeit a claim that a gang expert's testimony related case-specific hearsay in violation of the confrontation clause. Perez, Chavez, and Sandoval were…

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Name: People v. Polk

Case #: E069641

Opinion Date: 06/14/2019

Categories: Evidence, Expert Witness, Insufficiency/Sufficiency of

Summary

There was sufficient evidence that defendant possessed a useable quantity of methamphetamine on small pieces of paper based on circumstantial evidence and expert testimony from a correctional officer. Polk, an inmate at a California Rehabilitation Center, was found in his…

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