Expert Witness

Name: People v. Valadez
Case #: B239983
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/27/2013
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Hearsay

The trial court did not err by allowing a police officer's expert testimony concerning gangs and gang activity. Appellants were convicted of conspiring to commit the crimes of shooting from a vehicle and assault with a semiautomatic firearm with gang…

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Name: People v. Dowl
Case #: S182621
Court: CA Supreme Court
District CalSup
Opinion Date: 08/29/2013
  • Categories: Defenses, Evidence, Expert Witness, Insufficiency/Sufficiency of, Prop 215 (medical use of marijuana)

Where a defendant defends against a charge of possession of marijuana for sale by introducing evidence that under the Compassionate Use Act and Medical Marijuana Program he legally possessed the marijuana, evidence supporting an officer's opinion testimony may be sufficient…

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Name: People v. Her
Case #: C069153
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/14/2013
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Scientific Evidence

DNA nonexclusion evidence is relevant and admissible in the absence of supporting statistical evidence regarding the percentage of the population that could be excluded. At the scene of a murder, police collected blood that was tested for DNA evidence. A…

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Name: People v. Mercado
Case #: B223451
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/07/2013
  • Categories: Areas Constitutional Law, By CALCRIM Number, Confront/Cross-exam, Crimes, Elements of Crimes, Evidence, Expert Witness, Jury Instructions

Crawford did not bar expert from expressing opinion based on facts learned from investigator, about which the expert was not qualified to testify. Defendant was convicted of second degree murder, attempted murder, and enhancements after she hit a woman who…

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Name: Elijah W. v. Superior Court
Case #: B241011
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/08/2013
Subsequent History: opn. following rehg.
  • Categories: Areas Constitutional Law, Due Process, Evidence, Expert Witness, Privileges

Minor defendant was entitled to his choice of expert psychologist who would not report confidential information about child abuse or threats. To assist in the preparation of his defense to a wardship petition, Elijah W. requested the appointment of a…

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Name: People v. Xiong
Case #: F062474
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/30/2013
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Scientific Evidence

Statistical evidence of random match probabilities in a DNA cold hit case is relevant. A cab driver died as a result of a single gunshot to the center of the back of the head. An analyst took blood samples of…

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Name: People v. Steppe
Case #: E053348
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/14/2013
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness

Technical reviewer's testimony, which was based on results of DNA test performed by another analyst, did not violate the confrontation clause. Appellant was convicted of murder and other offenses and sentenced to multiple life terms. On appeal he challenged the…

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Name: People v. Spence
Case #: D059463
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/27/2012
  • Categories: Admitting/Excluding, Areas Constitutional Law, Due Process, Evidence, Examination of Witness, Expert Witness

A defendant's testimony given at a motion to suppress evidence may be used at trial to impeach his expert witness. Appellant was convicted of several sexual offenses against a child and was sentenced to 55 years to life in prison.…

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Name: People v. Lowe
Case #: D060048
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/30/2012
  • Categories: Civil Commitments, Evidence, Expert Witness, SVP

In a trial pursuant to Welfare and Institutions Code section 6600 et seq. (Sexually Violent Predator Act), a qualified expert may testify as to whether he/she believes a person is likely to commit sexually violent criminal behavior in the future,…

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Name: In re Richards
Case #: S189275
Court: CA Supreme Court
District CalSup
Opinion Date: 12/03/2012
Subsequent History: Abrogated by statute: Pen. Code, § 1473, subd. (e) (Stats. 2014, ch. 623 (SB 1058))
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Motion for New Trial, New Discovered Evid

Habeas petitioner's new expert opinion evidence, including evidence that the prosecution's expert testified inaccurately at trial, failed to meet the false evidence and new evidence standards of Penal Code section 1473, subdivision (b). Petitioner was convicted of the murder of…

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