Expert Witness

Name: People v. Martinez
Case #: E066299
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/23/2018
  • Categories: Evidence, Expert Witness

Gang enhancement reversed where prosecution expert's opinion that the offense was committed for the benefit of a gang was unsupported by competent evidence. Defendant was caught with a stolen car and charged with driving or taking a vehicle (Veh. Code,…

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Name: People v. Huynh
Case #: H042184
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/19/2018
  • Categories: Evidence, Expert Witness

Testimony of prosecution gang expert regarding gang behavior in general and a particular gang's conduct and territory, was not inadmissable hearsay. Defendant was convicted of assault with a deadly weapon and other offenses, with gang enhancements and priors found true.…

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Name: Peope v. Gonzales
Case #: B276101
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/23/2017
  • Categories: By CALCRIM Number, Evidence, Expert Witness, Jury Instructions, Prior Convictions/Impeach

Trial court did not err by instructing the jury with CALCRIM No. 1191 regarding defendant's prior uncharged sex offenses against the witness who testified at trial about the charged offenses. At Gonzales' trial for various child molestation offenses against L.W.,…

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Name: People v. Perez
Case #: E060438
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/25/2017
  • Categories: Evidence, Expert Witness

By not objecting, trial counsel forfeited any issue regarding the admission of expert case-specific hearsay testimony, held inadmissible in People v. Sanchez (2016) 63 Cal.4th 665. Perez and other gang members conspired to rob and kill associates of the same…

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Name: People v. Lin
Case #: B278102
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/28/2017
  • Categories: Evidence, Expert Witness, Hearsay

Commitment order of mentally disordered offender (MDO) reversed where expert's testimony violated People v. Sanchez. The Board of Parole Hearings determined Lin was an MDO and committed him to the State Department of Hospitals for involuntary treatment. (Pen. Code, §…

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Name: McWilliams v. Dunn
Case #: 16-5294
Court: US Supreme Court
District USSup
Opinion Date: 06/19/2017
Subsequent History: 137 S.Ct. 1790
  • Categories: Areas Constitutional Law, Evidence, Expert Witness, Other

State court unreasonably applied clearly established U.S. Supreme Court precedent in finding that an examination by a competent psychiatrist without more satisfies the expert requirements under Ake v. Oklahoma (1985) 470 U.S. 68. McWilliams was convicted of capital murder in…

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Name: People v. Vega-Robles
Case #: A137121
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/07/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, By CALCRIM Number, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Hearsay, Jury Instructions

Gang experts’ testimony did not run afoul of People v. Sanchez (2016) 63 Cal.4th 665 because it was either general non-case-specific background, based on the experts’ personal knowledge, or non-testimonial. Vega-Robles appealed his murder convictions and gang enhancements challenging, among…

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Name: People v. Ochoa
Case #: A137763
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/13/2017
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation

Defendant failed to show that gang expert's opinion testimony violated the confrontation clause. A jury convicted Ochoa of a number of offenses, including threatening public officials, and found true gang enhancements. He appealed, arguing that portions of the gang expert's…

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Name: People v. Burroughs
Case #: B267353
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 12/05/2016
  • Categories: Civil Commitments, Evidence, Expert Witness, Hearsay, SVP

Indefinite sexually violent predator (SVP) commitment reversed where trial court prejudicially allowed the prosecution expert to relate substantial amounts of inadmissible hearsay. Appellant was committed to the Department of State Hospitals (DSH) for an indefinite term as an SVP. He…

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Name: People v. Meraz
Case #: B245657
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/21/2016
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Hearsay

Gang expert related case-specific hearsay during testimony in violation of People v. Sanchez but error was harmless beyond a reasonable doubt. After the Court of Appeal affirmed Meraz's gang-related murder conviction, the Supreme Court granted review and transferred the case…

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