Expert Witness

Name: People v. Gonzales
Case #: B289385
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/02/2019
  • Categories: 1368 Competence, Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Pretrial Motions

After trial counsel declares a doubt regarding defendant's competency and the trial court suspends criminal proceedings, counsel may not withdraw the declaration and the trial court must make a finding regarding competency. Defendant was charged with the fatal stabbing of…

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Name: People v. Wilson
Case #: A150500
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/27/2019
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Pleadings, Requirements of

Trial court abused its discretion in admitting the testimony of a prosecution expert regarding studies that show only a very small percentage of allegations of child sexual abuse are false. Wilson was convicted of multiple sexual abuse charges involving a…

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Name: In re Thomas
Case #: E069454
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/27/2018
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Gang Affiliation, Habeas Corpus (State)

In state habeas proceedings, the three-factor test in In re Johnson (1970) 3 Cal.3d 404 governs retroactivity rather than the standard set forth in Teague v. Lane (1989) 489 U.S. 288, which governs federal habeas proceedings. In 2003, Thomas was…

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Name: People v. Garcia
Case #: E068490
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/01/2018
  • Categories: Evidence, Expert Witness, Eyewitness

Trial court did not err by excluding the testimony of a defense eyewitness identification expert where the identification was substantially corroborated by evidence giving it independent reliability. Opinion on rehearing. A jury convicted Garcia of residential burglary. He admitted having…

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Name: People v. Reardon
Case #: C083482
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/24/2018
  • Categories: Evidence, Expert Witness

Where defendant was charged with resisting an executive officer, trial court erred by excluding defense expert testimony on the reasonable use of force by police, but the error was harmless. After an unsuccessful attempt to evade a traffic stop, Reardon,…

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Name: In re Ruedas
Case #: G054523
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/24/2018
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State)

Habeas petition presenting Sanchez issue denied because Sanchez does not apply retroactively to cases that were final before this change in the law. Ruedas was charged with various gang-related offenses and enhancements. At trial, an expert related testimonial hearsay to…

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Name: People v. Veamatahau
Case #: A150689
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/31/2018
  • Categories: Evidence, Expert Witness, Hearsay

Expert's testimony that he relied on an online pharmaceutical database to identify pills as a controlled substance was properly admitted because it was not case-specific hearsay. At defendant's trial for possessing a controlled substance and other charges, a criminalist testified…

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Name: People v. Espinoza
Case #: B283895
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/14/2018
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Hearsay

Expert's testimony that she relied on "Ident-A-Drug" website to identify pills as controlled substances was properly admitted because it came within the published compilation exception to the hearsay rule and was not testimonial. Espinoza was charged with drug possession in…

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Name: People v. Chavez
Case #: D069533
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/28/2018
  • Categories: Evidence, Expert Witness, Eyewitness, Identification

Single person photo identification of defendant by stabbing victim was not unduly suggestive. Chavez and others became embroiled in a physical altercation with another group of men at a restaurant while watching the World Cup soccer match. Chavez stabbed a…

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Name: In re Figueora
Case #: S111336
Court: CA Supreme Court
District CalSup
Opinion Date: 03/12/2018
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Scientific Evidence

Murder conviction and death sentence reversed where defendant's conviction was based on false expert evidence. Defendant was convicted of substantive sexual offenses and the special circumstance murder of a 21-month-old child. His convictions and death sentence were affirmed on direct…

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